Kleiman v. Kings Point Capital Management, LLC et al
| Lynn Kleiman |
| Kings Point Capital Management, LLC and Jeffrey Bates |
| 2:2018cv04172 |
| July 23, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Sandra J Feuerstein |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 41 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. (Corsini, Alexander) |
| Filing 40 Case transferred in from District of Missouri Eastern; Case Number 4:17-cv-02278. Original file certified copy of transfer order and docket sheet received. |
| The case of Kleiman v. Kings Point Capital Management, LLC et al, has been transferred from Eastern District of Missouri to the Eastern District of New York. The new case number is 18-cv-4172-SJF-GRB. 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. (Corsini, Alexander) |
Filing 39
OPINION MEMORANDUM AND ORDER OF TRANSFER TO OTHER DISTRICT- IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Eastern District of New York.( Case to be transferred after 7/20/2018.). Signed by District Judge Henry Edward Autrey on 07/06/2018. (AAS) [Transferred from Missouri Eastern on 7/23/2018.]
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Filing 38
Docket Text ORDER: Re: #37 MOTION for Reconsideration re 34 Docket Text Order or Alternatively, For Leave to File Response to Sur-Reply filed by Jeffrey Bates, Kings Point Capital Management, LLC; LEAVE TO FILE RESPONSE TO SUR-REPLY IS GRANTED - SO ORDERED. Signed by District Judge Henry Edward Autrey on 11/27/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 37 MOTION for Reconsideration re 34 Docket Text Order of Court Order Granting Plaintiffs' Motion for Leave to File Sur-Reply to Defendants' Reply in Support of Their Motion to Dismiss or Alternatively, For Leave to File Response to Sur-Reply by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Attachments: #1 Exhibit A - Defendant's Response to Sur-Reply in Support of Their Motion to Dismiss)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 36 NOTICE Change of Firm Name: by Plaintiff Lynn Kleiman (O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 35 SURREPLY to Motion re #23 MOTION to Dismiss :Plaintiff's First Amended Complaint filed by Plaintiff Lynn Kleiman. (KJS) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 34
Docket Text ORDER: Re: #33 MOTION for Leave to to File Sur-Reply filed by Lynn Kleiman; GRANTED - SO ORDERED. Signed by District Judge Henry Edward Autrey on 11/17/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 33 MOTION for Leave to to File Sur-Reply by Plaintiff Lynn Kleiman. (Attachments: #1 Exhibit Plaintiff's Sur-Reply to Defendants' Reply in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint)(O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 32 REPLY to Response to Motion re #23 MOTION to Dismiss :Plaintiff's First Amended Complaint filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 31 REPLY to Response to Motion re #21 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York or the U.S. District Court for the Southern District of New York filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 30
Docket Text ORDER: Re: #29 MOTION for Extension of Time to File Response/Reply filed by Jeffrey Bates, Kings Point Capital Management, LLC; LEAVE GRANTED UP AND INCLUDING OCTOBER 29, 2017 TO FILE REPLY - SO ORDERED. ( Response to Court due by 10/29/2017.) Signed by District Judge Henry Edward Autrey on 10/20/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 29 MOTION for Extension of Time to File Response/Reply in Support of Defendants' Motion to Transfer Pursuant to 28 USC 1404(a) and Defendants' Motion to Dismiss Plaintiff's First Amended Complaint by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Graves, Jacqueline) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 28 MEMORANDUM in Opposition re #23 MOTION to Dismiss :Plaintiff's First Amended Complaint filed by Plaintiff Lynn Kleiman. (Attachments: #1 Exhibit Affidavit of Lynn Kleiman)(O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 27 MEMORANDUM in Opposition re #21 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York or the U.S. District Court for the Southern District of New York filed by Plaintiff Lynn Kleiman. (Attachments: #1 Exhibit Affidavit of Lynn Kleiman)(O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 26
Docket Text ORDER: Re: #25 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Transfer Case filed by Lynn Kleiman; GRANTED - SO ORDERED. (RESPONSE DUE 10/16/17). Signed by District Judge Henry Edward Autrey on 10/11/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York or the U.S. District Court for the Southern District of New York, #23 MOTION to Dismiss :Plaintiff's First Amended Complaint by Plaintiff Lynn Kleiman. (Buchanan, Andrew) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 24 MEMORANDUM in Support of Motion re #23 MOTION to Dismiss :Plaintiff's First Amended Complaint filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit 2)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 23 MOTION to Dismiss :Plaintiff's First Amended Complaint by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 22 MEMORANDUM in Support of Motion re #21 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York or the U.S. District Court for the Southern District of New York filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 21 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York or the U.S. District Court for the Southern District of New York by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 20
Docket Text ORDER REOPENING CASE re: #19 MOTION to Reopen Case filed by Plaintiff Lynn Kleiman; GRANTED - SO ORDERED. Signed by District Judge Henry Edward Autrey on 9/18/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 19 MOTION to Reopen Case by Plaintiff Lynn Kleiman. (O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 18
Docket Text ORDER OF DISMISSAL - SO ORDERED. Signed by District Judge Henry Edward Autrey on 9/15/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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Filing 17
Docket Text ORDER: Re: #9 MOTION to Transfer Case filed by Jeffrey Bates, Kings Point Capital Management, LLC, #11 MOTION to Dismiss filed by Jeffrey Bates, Kings Point Capital Management, LLC; MOTIONS #9 AND #11 ARE DENIED AS MOOT BY THE FILING OF THE AMENDED COMPLAINT DOC #15 . Signed by District Judge Henry Edward Autrey on 9/14/17. (KJS) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 16 NOTICE of Voluntary Dismissal by Lynn Kleiman Without Prejudice Under Rule 41(a)(1)(A) of the Claims of the Estate of Ralph and Ora Levine (O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 15 AMENDED COMPLAINT against defendant All Defendants Jury demand, , filed by Lynn Kleiman.(O'Brien, James) [Transferred from Missouri Eastern on 7/23/2018.] |
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Filing 14
Docket Text ORDER: Re: #13 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York, #11 MOTION to Dismiss :Plaintiff's Petition by Plaintiff Lynn Kleiman. (Buchanan, Andrew) filed by Lynn Kleiman; GRANTED UNIL SEPTEMBER 19, 2017 IN WHICH TO FILE; HEA. Signed by District Judge Henry Edward Autrey on 9/5/17. (CLA) [Transferred from Missouri Eastern on 7/23/2018.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York, #11 MOTION to Dismiss :Plaintiff's Petition by Plaintiff Lynn Kleiman. (Buchanan, Andrew) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 12 MEMORANDUM in Support of Motion re #11 MOTION to Dismiss :Plaintiff's Petition filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Attachments: #1 Exhibit 1-Declaration of Jeffrey Bates, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit 2)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 11 MOTION to Dismiss :Plaintiff's Petition by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 10 MEMORANDUM in Support of Motion re #9 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York filed by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey Bates, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 9 MOTION to Transfer Case to U.S. District Court for the Eastern District of New York by Defendants Jeffrey Bates, Kings Point Capital Management, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 8 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Lynn Kleiman.(JWD) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 7 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC Sent To: State Court - Executed (Attachments: #1 Exhibit Exhibit A Notice of Filing Removal, #2 Exhibit Exhibit B Confirmation of Filing)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 6 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC Sent To: Plaintiff (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 5 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant KINGS POINT CAPITAL MANAGEMENT, LLC. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 4 ENTRY of Appearance by Jacqueline Katrina Graves for Defendants JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC. (Graves, Jacqueline) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 3 ENTRY of Appearance by Robert J. Will for Defendants JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC. (Will, Robert) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 2 ENTRY of Appearance by Richard B. Walsh, Jr for Defendants JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC. (Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the County of St. Louis, State of Missouri, case number 17SL-CC02487, with receipt number 0865-6109172, in the amount of $400 Jury Demand,, filed by JEFFREY BATES, KINGS POINT CAPITAL MANAGEMENT, LLC. (Attachments: #1 Exhibit State Court File, #2 Exhibit Declaration of Jeffrey Bates, #3 Civil Cover Sheet, #4 Original Filing Form)(Walsh, Richard) [Transferred from Missouri Eastern on 7/23/2018.] |
| Case Opening Notification: Judge Assigned: Honorable Henry E. Autrey. (JWD) [Transferred from Missouri Eastern on 7/23/2018.] |
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