Applestein et al v. Kleinhendler et al
| Diatomite Corporation of America and Allan H. Applestein |
| Wachtel Missry LLP, Howard Kleinhendler and Does 1 through 5 |
| 1:2020cv01454 |
| March 19, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Vera M Scanlon |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 27
Case transferred in from District of Florida Southern; Case Number 1:19-cv-25154. Original file certified copy of transfer order and docket sheet received.
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Filing 26
ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF NEW YORK. Closing Case. Motions terminated: #16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendants Wachtel Missry LLP and Howard Kleinhendler's Motion to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Howard Kleinhendler, Wachtel Missry LLP, #17 MOTION to Stay re #1 Complaint, Defendants' Motion to Stay Pending Resolution of Plaintiffs' Related Claim in Bankruptcy Court or, Alternatively, to Transfer to the Eastern District of New York filed by Howard Kleinhendler, Wachtel Missry LLP, #25 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Howard Kleinhendler, Wachtel Missry LLP. Signed by Senior Judge James Lawrence King on 3/3/2020. See attached document for full details. (drz) [Transferred from Florida Southern on 3/19/2020.]
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Filing 25
MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM by Howard Kleinhendler, Wachtel Missry LLP. Responses due by 3/13/2020 (Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 24
Notice of Supplemental Authority re #17 MOTION to Stay re #1 Complaint, Defendants' Motion to Stay Pending Resolution of Plaintiffs' Related Claim in Bankruptcy Court or, Alternatively, to Transfer to the Eastern District of New York Defendants' Notice of Supplemental by Howard Kleinhendler, Wachtel Missry LLP (Attachments: #1 Supplement) (Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 23
Plaintiff's AMENDED COMPLAINT against All Defendants, filed by Allan H. Applestein, Diatomite Corporation of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 22
REPLY to Response to Motion re #17 MOTION to Stay re #1 Complaint, Defendants' Motion to Stay Pending Resolution of Plaintiffs' Related Claim in Bankruptcy Court or, Alternatively, to Transfer to the Eastern District of New York Defendants' Reply in Support of Their Motion to Stay or, Alternatively, to Transfer filed by Howard Kleinhendler, Wachtel Missry LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 21
NOTICE by Allan H. Applestein, Diatomite Corporation of America re #19 Notice (Other), (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 20
NOTICE by Allan H. Applestein, Diatomite Corporation of America re #19 Notice (Other), (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 19
NOTICE by Howard Kleinhendler, Wachtel Missry LLP re #16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendants Wachtel Missry LLP and Howard Kleinhendler's Motion to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Defendants' Notice of Non-Opposition to Their Motion to Dismiss (ECF No. 16) (Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 18
RESPONSE in Opposition re #17 MOTION to Stay re #1 Complaint, Defendants' Motion to Stay Pending Resolution of Plaintiffs' Related Claim in Bankruptcy Court or, Alternatively, to Transfer to the Eastern District of New York, #16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendants Wachtel Missry LLP and Howard Kleinhendler's Motion to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Allan H. Applestein, Diatomite Corporation of America. Replies due by 2/14/2020. (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 17
MOTION to Stay re #1 Complaint, Defendants' Motion to Stay Pending Resolution of Plaintiffs' Related Claim in Bankruptcy Court or, Alternatively, to Transfer to the Eastern District of New York by Howard Kleinhendler, Wachtel Missry LLP. Responses due by 2/7/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 16
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Defendants Wachtel Missry LLP and Howard Kleinhendler's Motion to Dismiss Complaint, MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, ( Responses due by 2/7/2020) by Howard Kleinhendler, Wachtel Missry LLP. (Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 15
ORDER Granting #14 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Howard Kleinhendler. Answer due 1/24/2020; Wachtel Missry LLP. Answer due 1/24/2020. Re: #1 Complaint, filed by Diatomite Corporation of America, Allan H. Applestein. Signed by Senior Judge James Lawrence King on 1/8/2020. See attached document for full details. (jw) [Transferred from Florida Southern on 3/19/2020.]
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Filing 14
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Defendants' Unopposed Motion for an Enlargement of Time to Respond to Complaint by Howard Kleinhendler, Wachtel Missry LLP. (Attachments: #1 Text of Proposed Order)(Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 13
NOTICE of Attorney Appearance by Robert Kent Burlington on behalf of Howard Kleinhendler, Wachtel Missry LLP. Attorney Robert Kent Burlington added to party Howard Kleinhendler(pty:dft), Attorney Robert Kent Burlington added to party Wachtel Missry LLP(pty:dft). (Burlington, Robert) [Transferred from Florida Southern on 3/19/2020.]
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Filing 12
NOTICE of Attorney Appearance by Scott Andrew Hiaasen on behalf of Howard Kleinhendler, Wachtel Missry LLP. Attorney Scott Andrew Hiaasen added to party Howard Kleinhendler(pty:dft), Attorney Scott Andrew Hiaasen added to party Wachtel Missry LLP(pty:dft). (Hiaasen, Scott) [Transferred from Florida Southern on 3/19/2020.]
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Filing 11
NOTICE of Attorney Appearance by Paul Joseph Schwiep on behalf of Howard Kleinhendler, Wachtel Missry LLP. Attorney Paul Joseph Schwiep added to party Howard Kleinhendler(pty:dft), Attorney Paul Joseph Schwiep added to party Wachtel Missry LLP(pty:dft). (Schwiep, Paul) [Transferred from Florida Southern on 3/19/2020.]
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Filing 10
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Allan H. Applestein, Diatomite Corporation of America. Howard Kleinhendler served on 12/20/2019, answer due 1/10/2020. (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 9
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Allan H. Applestein, Diatomite Corporation of America. Wachtel Missry LLP served on 12/20/2019, answer due 1/10/2020. (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 8
Corporate Disclosure Statement by Diatomite Corporation of America (Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 7
ORDER Granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Thomas H. Vidal, Esq.. Signed by Senior Judge James Lawrence King on 12/17/2019. See attached document for full details. (jw) [Transferred from Florida Southern on 3/19/2020.]
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Filing 6
ORDER Granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Benjamin S. Akley, Esq.. Signed by Senior Judge James Lawrence King on 12/17/2019. See attached document for full details. (jw) [Transferred from Florida Southern on 3/19/2020.]
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Filing 5
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin S. Akley. Filing Fee $ 75.00 Receipt # 113C-12230449 by Allan H. Applestein, Diatomite Corporation of America. Responses due by 12/30/2019 (Attachments: #1 Text of Proposed Order)(Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 4
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas H. Vidal. Filing Fee $ 75.00 Receipt # 113C-12230434 by Allan H. Applestein, Diatomite Corporation of America. Responses due by 12/30/2019 (Attachments: #1 Text of Proposed Order)(Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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Filing 3
Summons Issued as to Howard Kleinhendler, Wachtel Missry LLP. (kpe) [Transferred from Florida Southern on 3/19/2020.]
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Filing 2
Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) [Transferred from Florida Southern on 3/19/2020.]
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12227354, filed by Allan H. Applestein, Diatomite Corporation of America. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons as to Howard Kleinhendler, #3 Summon(s) Summons as to Wachtel Missry LLP, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Sammataro, James) [Transferred from Florida Southern on 3/19/2020.]
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