Mirgorodskiy v. Osiashvili
| YURIY MIRGORODSKIY |
| Richard Osiashvili |
| 2:2023cv03942 |
| July 24, 2023 |
| US District Court for the District of New Jersey |
| Cathy L Waldor |
| Susan D Wigenton |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 10/18/23 at 10am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201. Local counsel for any/all parties must participate. Parties are to submit a completed Pretrial Scheduling Order (for Judge Salas cases, please use her dedicated PTSO found in the same location) found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference.. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 8/30/23. (tjg, )
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tjg, ) |
| Filing 13 ANSWER to Complaint by All Defendants.(RUSSOMANO, THOMAS) |
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Filing 12
ORDER granting #11 Defendant Richard Osiashvili's Application for Extension of Time to Answer, Move, or Otherwise Reply through 8/25/2023. Signed by Magistrate Judge Cathy L. Waldor on 8/17/2023. (dam)
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| CLERK'S QUALITY CONTROL MESSAGE - The #11 Application for Extension of Time filed by THOMAS RUSSOMANO on 8/16/2023 was submitted incorrectly as a Motion. For future reference, please refer to the CM/ECF Event Application/Petition, which can be found under Civil Events, Other Filings, Other Documents. This message is for informational purposes only. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Filing 11 MOTION for Extension of Time to File Answer by Richard Osiashvili. (RUSSOMANO, THOMAS) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Defendant Richard Osiashvili on July 22, 2023, filed by YURIY MIRGORODSKIY. (WASSERMAN, JEFFREY) |
| Filing 9 NOTICE of Appearance by JEFFREY IAN WASSERMAN on behalf of YURIY MIRGORODSKIY (WASSERMAN, JEFFREY) |
| Judge Susan D. Wigenton and Magistrate Judge Cathy L. Waldor added. (ps) |
| Filing 8 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:23-cv-04808. Original file certified copy of transfer order and docket sheet received. |
| Case electronically transferred to the District of New Jersey. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (FG) |
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ORDER: Plaintiff was ordered to show cause why this case should not be transferred or dismissed because it was not apparent from the face of the Complaint (Dkt. #1 ) that venue was proper in this District. (See 7/6/2023 Order to Show Cause.) Plaintiffs' #7 letter in response "consents to transfer... this action to the District of New Jersey." (Dkt. #7 , at 1.) The Court accordingly transfers this case to the District of New Jersey. Ordered by Judge Pamela K. Chen on 7/21/2023. (FG)
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| Filing 7 Letter (in response to this Court's Order to Show Cause) by Yuriy Mirgorodskiy (Sherman, Adam) |
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ORDER TO SHOW CAUSE: Plaintiff is ordered to show cause by 7/20/2023 why this case should not be transferred or dismissed pursuant to 28 U.S.C. 1406(a). Plaintiff asserts that "venue is proper in this District" because "Plaintiff resides within the Eastern District of New York" (Compl., Dkt. 1, para. 8.) However, Plaintiff appears to confuse the rule on venue, which states that "[a] civil action may be brought in... a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located." 28 U.S.C. 1391(b)(1); see also Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for W.D. of Tex., 571 U.S. 49, 55 (2013) ("[W]hether venue is wrong or improper is generally governed by 28 U.S.C. 1391."(internal citation and quotations omitted)). Here, Plaintiff states that Defendant "resides in the State of New Jersey" (Compl., Dkt. 1, para. 5), which means venue is not proper in this District under Section 1391(b)(1). It is also not apparent from the face of the Complaint that substantial events giving rise to the lawsuit occurred in this District. See 28 U.S.C. 1391(b)(2). Thus, the Court will transfer this case to the District of New Jersey unless Plaintiffs' response shows that the case is properly venued in the Eastern District of New York. Ordered by Judge Pamela K. Chen on 7/6/2023. (LC)
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| Filing 6 Summons Issued as to Richard Osiashvili. (ML) |
| Filing 5 Proposed Summons. by Yuriy Mirgorodskiy (Yakubov, Ilevu) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 2 NOTICE of Appearance by Adam Brad Sherman on behalf of Yuriy Mirgorodskiy (aty to be noticed) (Sherman, Adam) |
| Filing 1 COMPLAINT against Richard Osiashvili filing fee $ 402, receipt number ANYEDC-16838328 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Yuriy Mirgorodskiy. (Attachments: #1 Civil Cover Sheet) (Yakubov, Ilevu) |
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| Plaintiff: YURIY MIRGORODSKIY | |
| Represented By: | JEFFREY IAN WASSERMAN |
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| Defendant: Richard Osiashvili | |
| Represented By: | THOMAS GERARD RUSSOMANO |
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