Buso v. Penguin Trading, Inc. et al
| Anthony Buso |
| Does 1 through 10, inclusive, Penguin Trading, Inc. and Penguin Trading, Inc. a Delaware corporation doing business as Fruit Bliss |
| 1:2017cv07488 |
| December 26, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G Garaufis |
| Ramon E Reyes |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 35 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. (Bowens, Priscilla) |
| Filing 34 Case transferred in from District of California Central; Case Number 2:17-cv-07025. Original file certified copy of transfer order and docket sheet received. |
| The case of Buso v. Peguin Trading, Inc., has been transferred from Central District of California to the Eastern District of New York. The new case number is 17cv7488. PLEASE NOTE: 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. (Bowens, Priscilla) |
Filing 33
MINUTES IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO TRANSFER OR STAY #16 #27 by Judge Dolly M. Gee. In light of the foregoing, the Court GRANTS the MTA [Doc. # 27] and DENIES in part the MTD as moot [Doc. # 16]. The Court GRANTS the motion to transfer this case to the United States District Court for the Eastern District of New York, where Plaintiff may file his amended complaint pursuant to the proposed changes submitted to this Court. The January 5, 2017 hearing is VACATED. IT IS SO ORDERED. ( MD JS-6. Case Terminated ) (lom) [Transferred from California Central on 12/26/2017.]
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| Filing 32 OBJECTION IN SUPPORT OF re: First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 filed by Defendant Penguin Trading, Inc.. (Attachments: #1 Declaration In Support of Objections to Plaintiff's Objections, #2 Exhibit Declaration of Bruno Manusso, #3 Exhibit Fruit Bliss Taxes with Misc Expenses)(Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #27 filed by Defendant Penguin Trading, Inc.. (Attachments: #1 Declaration of Alexandra Arneri in Support of Opposition to Plaintiff's Motion for Leave for a Second Amended Complaint)(Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 30 REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 [Supplemental] filed by Plaintiff Anthony Buso. (Attachments: #1 Exhibit 1)(Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
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Filing 29
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues Defendant's Motion to Dismiss or in the Alterative to Transfer or Stay Plaintiff's First Amended Complaint #16 from December 8, 2017 to January 5, 2018 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 12/26/2017.]
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| Filing 28 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #27 (Attachments: #1 Second Amended Complaint, #2 Exhibit 1 to Second Amended Complaint)(Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 27 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Anthony Buso. Motion set for hearing on 1/5/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Scott Ferrell, #2 Exhibit 1 to Dec of S. Ferrell, #3 Exhibit 2 to Dec of S. Ferrell, #4 Appendix, #5 Proposed Order) (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 26 Plaintiff's Written Objections to Evidence and Portions of Defendant's Rely Memorandum of Points and Authorities re: First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 filed by Plaintiff Anthony Buso. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 25 REPLY Support of Defendant's Motion to Dismiss, Transfer of Stay filed by Defendant Penguin Trading, Inc.. (Attachments: #1 Declaration Declaration of Alexandra Arneri in Support of Request for Judicial Notice in Support of Reply to Plaintiffs Opposition to Motion to Dismiss or in the Alternative to Transfer or Stay, #2 Supplement Request for Judicial Notice in Support of Reply to Plaintiffs Opposition to Motion to Dismiss or in the Alternative to Transfer or Stay, #3 Declaration Declaration of Susan Leone in Support of Reply to Plaintiffs Opposition to Motion to Dismiss or in the Alternative to Transfer or Stay)(Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 24 NOTICE OF LODGING filed for Physical Exhibit to Reply to Plaintiff's Opposition re First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 (Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 23 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 filed by Plaintiff Anthony Buso. (Attachments: #1 Objections to Evidence ISO of Opposition, #2 Index of Evidence, #3 Exhibit A - Declaration of Anthony Buso, #4 Exhibit B - Declaration of Scott Ferrell, #5 Exhibit B-1 - Ex. 1 to Dec of S. Ferrell, #6 Exhibit B-2 - Ex. 2 to Dec of S. Ferrell, #7 Exhibit B-3 - Ex. 3 to Dec of S. Ferrell, #8 Exhibit B-4 - Ex. 4 to Dec of S. Ferrell, #9 Exhibit B-5 - Ex. 5 to Dec of S. Ferrell, #10 Exhibit B-6 - Ex. 6 to Dec of S. Ferrell, #11 Exhibit B-7 - Ex. 7 to Dec of S. Ferrell, #12 Exhibit B-8 - Ex. 8 to Dec of S. Ferrell, #13 Exhibit C - Declaration of Andrew Baslow, #14 Exhibit C-1 - Ex. 1 to Declaration of A. Baslow, #15 Exhibit C-2 - Ex. 2 to Declaration of A. Baslow, #16 Exhibit C-3 - Ex. 3 to Declaration of A. Baslow, #17 Exhibit C-4 - Ex. 4 to Declaration of A. Baslow, #18 Exhibit C-5 - Ex. 5 to Declaration of A. Baslow, #19 Exhibit C-6 - Ex. 6 to Declaration of A. Baslow, #20 Exhibit C-7 - Ex. 7 to Declaration of A. Baslow, #21 Exhibit D - Request for Judicial Notice, #22 Exhibit D-1 - Ex. 1 to RFJN, #23 Exhibit D-2 - Ex. 2 to RFJN, #24 Exhibit D-3 - Ex. 3 to RFJN, #25 Exhibit D-4 - Ex. 4 to RFJN, #26 Exhibit D-5 - Ex. 5 to RFJN, #27 Exhibit D-6 - Ex. 6 to RFJN, #28 Exhibit D-7 - Ex. 7 to RFJN, #29 Exhibit D-8 - Ex. 8 to RFJN, #30 Exhibit D-9 - Ex. 9 to RFJN, #31 Proposed Order)(Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
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Filing 22
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT #21 by Judge Dolly M. Gee: The Court, having considered Plaintiff's Ex Parte Application ("Application") [Doc. #21 ], and good cause appearing therefor, IT IS HEREBY ORDERED that: The Application is GRANTED; and Plaintiff is granted leave to file a Memorandum of Points and Authorities up to 40 pages in length in response to Defendant's Motion to Dismiss or in the Alternative to Transfer or Stay Plaintiff's First Amended Complaint. Defendant is granted leave to file a Reply Memorandum of Points and Authorities up to 40 pages in length in support of Defendant's Motion to Dismiss or in the Alternative to Transfer or Stay Plaintiff's First Amended Complaint. (clee) [Transferred from California Central on 12/26/2017.]
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| Filing 21 EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities in Opposition to Motion to Dismiss or in the Alternative Transfer Venue filed by Plaintiff Anthony Buso. (Attachments: #1 Declaration of Scott Ferrell, #2 Exhibit 1, #3 Proposed Order) (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 20 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Anthony Buso.. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 19 NOTICE of Interested Parties filed by Defendant Penguin Trading, Inc., identifying Susan Leone, Shareholder of Penguin Trading, Inc. and The Hanover Insurance Company, Insurance Carrier for Penguin Trading, Inc.. (Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay #16 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) [Transferred from California Central on 12/26/2017.] |
| Filing 17 NOTICE OF ERRATA filed by Defendant Penguin Trading, Inc.. correcting Memorandum in Support of Motion #14 Notice of Document Filed in Error (Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 16 First NOTICE OF MOTION AND MOTION to Dismiss Case as Frivolous or in the Alternative to Transfer or Stay filed by Defendant Penguin Trading, Inc.. Motion set for hearing on 12/8/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration in Support of Request for Judicial Notice and in Support of Motion to Dismiss or in the Alternative to Transfer or Stay) (Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 15 REQUEST FOR JUDICIAL NOTICE filed by Defendant Penguin Trading, Inc.. (Attachments: #1 Exhibits A, B and C in Support of Request for Judicial Notice and in Support of Motion to Dismiss, Transfer or Stay)(Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 14 MEMORANDUM in Support of Notice of Motion filed by Defendant Penguin Trading, Inc.. (Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 13 NOTICE of Appearance filed by attorney Alexandra Arneri on behalf of Defendant Penguin Trading, Inc. (Attorney Alexandra Arneri added to party Penguin Trading, Inc.(pty:dft))(Arneri, Alexandra) [Transferred from California Central on 12/26/2017.] |
| Filing 12 21-Day Summons Issued re First Amended Complaint #9 as to Defendant Penguin Trading, Inc. doing business as Fruit Bliss. (gk) [Transferred from California Central on 12/26/2017.] |
| Filing 11 Request for Clerk to Issue Summons on Amended Complaint/Petition #9 filed by Plaintiff Anthony Buso. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 10 Request for Clerk to Issue Summons on Amended Complaint/Petition #9 filed by Plaintiff Anthony Buso. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 9 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Anthony Buso(Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (iv) [Transferred from California Central on 12/26/2017.]
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Penguin Trading, Inc. (et) [Transferred from California Central on 12/26/2017.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 12/26/2017.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Karen L. Stevenson. (et) [Transferred from California Central on 12/26/2017.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Anthony Buso. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Anthony Buso, (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Anthony Buso. (Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
| Filing 1 COMPLAINT Receipt No: 0973-20552959 - Fee: $400, filed by Plaintiff Anthony Buso. (Attorney Scott J Ferrell added to party Anthony Buso(pty:pla))(Ferrell, Scott) [Transferred from California Central on 12/26/2017.] |
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