Smiley Face Dental, P.C. et al v. EverBank, N.A.
| Smiley Face Dental, P.C. and Julia Nosov |
| EVERBANK NA |
| 2:2026cv09310 |
| July 24, 2026 |
| U.S. District Court for the District of New Jersey |
| Claire C Cecchi |
| Michael A Hammer |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal- Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 12 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 11 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:26-cv-02883. Original file certified copy of transfer order and docket sheet received. |
| CASE REFERRED to Arbitration. (jr) |
| Case assigned to Judge Claire C. Cecchi and Magistrate Judge Michael A. Hammer. (jr) |
| Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Extract Civil Case due by 7/23/2026. (SG) |
TRANSFER ORDER DISMISSING CASE: As the motion #7 for a pre-motion conference in connection with a motion to transfer venue is unopposed, and the parties stipulate to the transfer of this matter to the District of New Jersey, the motion is terminated as moot. The parties also waived on the record the 7-day waiting period in Local Rule 83.1. Accordingly, the Clerk of Court is respectfully directed to effectuate transfer this matter to the District of New Jersey. (So Ordered by Magistrate Judge Seth D. Eichenholtz, dated 7/23/2026) (SG)
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| MINUTE ENTRY for an Initial Conference held before MJ Eichenholtz on 7/21/2026. Appearance for Plaintiff: Charles Hy Wallshein. Appearance for Defendant: Anthony Carmine Valenziano. Initial conference held. The parties agree that this matter should be transferred to the District of New Jersey. The Court will issue a separate order in that regard. In light of the anticipated transfer, the Court declines to set a discovery schedule. (FTR: 2:29 - 2:36) (DC) |
| Filing 10 Letter from Parties Regarding EverBank's Anticipated Motion to Transfer Venue by EverBank, N.A. (Valenziano, Anthony) |
| Filing 9 Proposed Scheduling Order (Proposed Joint Discovery Plan) by EverBank, N.A. (Valenziano, Anthony) |
| Filing 8 Letter to Hon. Seth D. Eichenholtz, U.S.M.J. by Smiley Face Dental, P.C. (Wallshein, Charles) |
| Filing 7 MOTION for pre motion conference for leave to file Motion to Transfer Venue by EverBank, N.A.. (Valenziano, Anthony) |
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ORDER: Plaintiffs shall respond by 7/2/2026 to Defendants' motion #7 for a pre-motion conference in anticipation of a motion to transfer venue. Plaintiffs' response should state whether they stipulate to or oppose transfer this matter to New Jersey federal court. So Ordered by Magistrate Judge Seth D. Eichenholtz on 6/18/2026. (NRH)
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held on 7/21/2026 @ 2:30 PM before Magistrate Judge Eichenholtz in Courtroom 324 N. The parties are directed to review Judge Eichenholtz's Individual Rules and to complete the attached Proposed Discovery Plan and Scheduling Order, also available in Word format on the Court's website, and electronically file the same no later than 7/14/2026. So Ordered by Magistrate Judge Seth D. Eichenholtz on 5/19/2026. (DC)
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| Filing 5 Consent MOTION for Extension of Time to File Answer by EverBank, N.A.. (Valenziano, Anthony) |
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ORDER granting #5 Motion for Extension of Time to Answer - answer due 6/22/2026. So Ordered by Magistrate Judge Seth D. Eichenholtz on 5/19/2026. (DC)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case under the EDNY Direct Assignment Program, governed by EDNY Administrative Order 2025-14. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent form. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2025-14, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2025-14 and other materials related to the EDNY Direct Assignment Program on the Court's website: #https://www.nyed.uscourts.gov/bulletin-direct-assignment-program. (SDM) |
| Filing 2 Corporate Disclosure Statement by EverBank, N.A. (Valenziano, Anthony) |
| Filing 1 NOTICE OF REMOVAL by EverBank, N.A. from New York Supreme Court, Queens County, case number Index No. 709750/2026. ( Filing fee $ 405 receipt number ANYEDC-20218595) (Attachments: #1 Exhibit A (State Court Filings to Date), #2 Civil Cover Sheet) (Valenziano, Anthony) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
| Case Assigned to Magistrate Judge Seth D. Eichenholtz. 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. (SDM) |
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