Jantzer v. Minnesota Life Insurance Company et al
| Andrea L. Jantzer |
| Minnesota Life Insurance Company, Shurwest Holding Company, Inc., Shurwest, LLC, Summit Wealth Partners, LLC, Horter Investment Management, LLC, Investwell, LLC, Susan Waters, DOES 1 - 10 inclusive, Summit Wealth Partners, Horter Investment Management and DOES 1 - 10 |
| 2:2021cv06628 |
| November 29, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 17 Letter MOTION for pre motion conference regarding prospective motion to transfer venue from this Court to the United States Bankruptcy Court for the District of Arizona pursuant to 28 U.S.C. 1412 and Rule 7087 of the Federal Rules of Bankruptcy Procedure by Shurwest, LLC. (Attachments: #1 Exhibit A - Proof of Claim of Andrea L. Jantzer) (Warburg-Johnson, Sarah) |
| Filing 16 Proposed Scheduling Order (per 1/7/22 text order) agreed by all parties by Andrea L. Jantzer (Graifman, Brian) |
SCHEDULING ORDER: By 1/14/2022, the parties shall file a proposed briefing schedule for their opposition and reply papers. Ordered by Judge Joan M. Azrack on 1/7/2022. (Terranova, Robert)
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. The Motion of Katherine Stein for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 1/5/2022. (Sanders, Scott)
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| Filing 15 MOTION to Remand to State Court by Andrea L. Jantzer. (Attachments: #1 Memorandum in Support) (Graifman, Brian) |
| Filing 14 MOTION to Remand to State Court [Notice of Motion to Join Horter Investment Management LLC's Motion to Abstain and Remand] by Summit Wealth Partners. (Attachments: #1 Memorandum in Support, #2 Declaration of Jacqueline M. Weyand, #3 Exhibit 1 - Amended Complaint, #4 Exhibit 2 - 7/14/21 Decision and Order, #5 Exhibit 3 - Notice of Appeal, #6 Exhibit 4 - Memorandum of Law in Support of Motion for Renewal and Argument of Decision/Order, #7 Exhibit 5 - Memorandum of Law in Opposition to Motion to Renew/Reargue, #8 Exhibit 6 - Reply Memorandum, #9 Exhibit 7 - Notice of Bankruptcy, #10 Exhibit 8 - 10/20/21 Order) (Weyand, Jacqueline) |
| Filing 13 NOTICE of Appearance by Jacqueline M. Weyand on behalf of Summit Wealth Partners (aty to be noticed) (Weyand, Jacqueline) |
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ORDER: The return date for Katherine Stein's Motion to Appear Pro Hac Vice shall be on 1/5/22. In accordance with this Court's Individual Practice Rules, any opposition must be filed by 1/3/22, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 12/29/2021. (Sanders, Scott)
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| Filing 12 STATE COURT RECORD received from Suffolk County Clerk's Office. (Florio, Lisa) |
| Filing 11 NOTICE of Appearance by Joanna H Schorr on behalf of Minnesota Life Insurance Company (aty to be noticed) (Schorr, Joanna) |
| Filing 10 NOTICE by Horter Investment Management Pursuant to Fed. R. Bank. P. 9027(e)(3) (Park, Simone) |
| Filing 9 Corporate Disclosure Statement by Horter Investment Management (Park, Simone) |
| Filing 8 MOTION to Remand to State Court by Horter Investment Management. (Attachments: #1 Memorandum of Law, #2 Declaration of Park, #3 Exhibit 1: Amended Complaint, #4 Exhibit 2: Order filed July 14, 2021, #5 Exhibit 3: Notice of Appeal, #6 Exhibit 4: Notice of Motion to Reargue, #7 Exhibit 5: Plaintiff Memorandum of Law in Support of Motion to Reargue, #8 Exhibit 6: Horter Memorandum of Law in Opposition, #9 Exhibit 7: Plaintiff Reply Memorandum of Law, #10 Exhibit 8: Shurwest Notice of Bankruptcy, #11 Exhibit 9: Order Staying Action as to Shurwest, #12 Certificate of Service) (Park, Simone) |
| Filing 7 MOTION to Appear Pro Hac Vice by Katherine Stein for Defendant Shurwest, LLC Filing fee $ 150, receipt number ANYEDC-15103516. by Shurwest, LLC. (Stein, Katherine) |
| Filing 6 Letter MOTION for Extension of Time to File or Waive or Defer requirement that the removing party file in this Court all process, pleadings, and orders served upon it in the state court action by Shurwest, LLC. (Warburg-Johnson, Sarah) |
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Filing 5
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 11:00 am on 2/16/2022 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than 2/9/2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 12/1/2021. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Ortiz, Grisel)
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| Filing 4 CERTIFICATE OF SERVICE by Shurwest, LLC re #1 Notice of Removal, (Warburg-Johnson, Sarah) |
| Filing 3 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura) |
| Filing 1 NOTICE OF REMOVAL by Shurwest, LLC from NYS Supreme Court, Suffolk County, case number 604938/2020. ( Filing fee $ 402 receipt number ANYEDC-15067592) (Attachments: #1 Exhibit A - NYS Supreme Court, Suffolk County index no. 604938/2020 docket, #2 Exhibit A-1 - NYS Supreme Court, Suffolk County Complaint, #3 Civil Cover Sheet) (Warburg-Johnson, Sarah) |
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