3 Brothers Plumbing & Heating, LLC v. Desilva et al
| 3 Brothers Plumbing & Heating, LLC |
| Joseph Desilva, Doreen Desilva, SmashBurger Master LLC and All About Maintenance |
| 1:2023cv03888 |
| May 24, 2023 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Sanket J Bulsara |
| Nicholas G Garaufis |
| Contract: Other |
| 41 U.S.C. § 6503 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE of Voluntary Dismissal by 3 Brothers Plumbing & Heating, LLC without prejudice (Walker, Michael) |
| Filing 7 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) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:23-cv-04044. Original file certified copy of transfer order and docket sheet received. |
| The case of 3 Brother Plumbling & Heating, LLC v. Desilva et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-3888. 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. (KD) |
| Filing 5 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 5/25/2023.] |
Filing 4
ORDER: Plaintiff has not responded to the order to show cause. Because venue does not lie in this district, and the interest of justice weighs in favor of transferring the case to the district that encompasses the county identified as the proper venue, this case is hereby transferred under 28 U.S.C. 1406(a) to the District Court for the Eastern District of New York. The Clerk of Court is directed to transfer this case to the District Court for the Eastern District of New York without delay. Plaintiff is directed to serve a copy of this order on Defendants and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/24/2023) (ks) [Transferred from New York Southern on 5/25/2023.]
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Filing 3
ORDER: Accordingly, the Court is inclined to transfer this case, pursuant to 28 U.S.C. 1406(a), to the Eastern District of New York, which encompasses Kings County, which Plaintiff has described as the basis for venue in this Court. See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Plaintiff is ORDERED TO SHOW CAUSE no later than May 22, 2023 as to why this action should not be transferred to the Eastern District of New York. In the alternative, if Plaintiff is willing to transfer this action to the Eastern District of New York, the Court requests that Plaintiff submit a letter stating that it consents to the transfer of this action to the Eastern District of New York no later than May 22, 2023. Plaintiff is directed to serve a copy of this order on all Defendants in this action and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/17/2023) (vfr) [Transferred from New York Southern on 5/25/2023.]
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| Case Designated ECF. (vf) [Transferred from New York Southern on 5/25/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Leslie Walker. The party information for the following party/parties has been modified: 3 BROTHERS PLUMBING & HEATING, LLC, JOSEPH DESILVA, DOREEN DESILVA, SMASHBURGER MASTER LLC, ALL ABOUT MAINTENANCE INC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) [Transferred from New York Southern on 5/25/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Leslie Walker. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332oc Diversity-Other Contract; Dollar Demand $1000000000; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 41:6503 Walsh-Healy Act - Breach of Public Contract; the Dollar Demand has been modified to $1,000,000; the County code has been modified to XX Out of State. (vf) [Transferred from New York Southern on 5/25/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Leslie Walker to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) [Transferred from New York Southern on 5/25/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 5/25/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 5/25/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Walker, Michael) [Transferred from New York Southern on 5/25/2023.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27742642)Document filed by 3 BROTHERS PLUMBING & HEATING, LLC..(Walker, Michael) Modified on 5/16/2023 (vf). [Transferred from New York Southern on 5/25/2023.] |
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