Daniel J. Ventricelli v. Nicklin et al
| C.L. King & Associates, Inc. and Daniel J. Ventricelli |
| Multi-Pack Holdings, LLC, William F. Nicklin, Riverlife Investment Holdings LLC and Lynn E. Gorguze |
| 1:2019cv00230 |
| February 19, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Daniel J Stewart |
| Glenn T Suddaby |
| Other Statutory Actions |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Case transferred from New York Northern has been opened in Southern District of New York as case 7:20-cv-00317, filed 01/14/2020. (jmb) |
Filing 48
DECISION AND ORDER that Defendant Gorguze's motion to remand this action to state court (Dkt. No. #25 ) is DENIED. Defendant Riverlife's motion to transfer venue to the Southern District of New York (Dkt. No. #30 ) is GRANTED. Signed by Chief Judge Glenn T. Suddaby on 1/13/2020. (sal )
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Filing 47
ORDER approving #46 Stipulation Substituting Plaintiff and Amending Caption. The Trustee is substituted for C.L. King as the plaintiff in the referenced actions, and C.L. King shall no longer be a party to the cases. The Trustee shall be deemed the successor in interest to all pleadings and other papers heretofore filed by C.L. King, and such pleadings and papers shall be treated as having been filed by the Trustee, unless and until amended or withdrawn by the Trustee in accordance with the applicable Federal Rules of Civil Procedure and the Local Rules of this Court. The Trustee acknowledges that the undersigned counsel for C.L. King has asserted a lien, pursuant to section 475 of the New York Judiciary Law, on the claims for relief asserted by C.L. King in the above actions. The Trustee and the undersigned counsel for C.L. King agree that such lien shall continue to attach to such claims for relief notwithstanding the substitution provided for herein, that the determination of the validity and extent of such lien shall be deferred, and that any controversy arising from or related to such lien shall be determined by the Bankruptcy Court. The clerk is respectfully requested to amend the captions to identify the plaintiff as "Daniel J. Ventricelli, as Trustee of the Bankruptcy Estate of William F. Nicklin, Debtor" as the plaintiff. Upon the amendment of the captions, all further papers filed in these actions shall use the caption identifying the plaintiff as "Daniel J. Ventricelli, as Trustee of the Bankruptcy Estate of William F. Nicklin, Debtor" or an appropriate abbreviation thereof. Signed by Chief Judge Glenn T. Suddaby on 10/18/2019. (sal, )
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| Filing 46 STIPULATION and Proposed Order Substituting Plaintiff and Amending Caption by Daniel J Ventricelli, Trustee submitted to Judge Glenn T. Suddaby. (Ostrow, Alec) |
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Filing 45
TEXT ORDER striking #44 Multi-Pack's Notice for each of three alternative reasons: (1) Multi-Pack's opposition to Riverlife's motion to transfer (Dkt. No. #30 ) was due by the end of 9/16/2019 (Dkt. No. 37 ); (2) a party may not file a reply to a response unless that party has filed the motion to which the response was filed, cf. N.D.N.Y. L.R. 7.1(b)1; and (3) in this Court, a party may not incorporate by reference another party's motion papers, see, e.g., Topliff v. Wal-Mart Stores East LP, No. 04-CV-0297, 2007 WL 911891, at *9 n.65 (N.D.N.Y. Mar. 22, 2007) (Lowe, M.J.); accord, Douglas v. New York State Adirondack Park Agency, No. 10-CV-0299, 2012 WL 3999763, at *26 & n.32 (N.D.N.Y. Sept. 11, 2012) (Suddaby, J.); Nissan Motor Acceptance Corp. v. Dealmaker Nissan, LLC, No. 09-CV-0196, 2012 WL 2522651, at *2 (N.D.N.Y. June 27, 2012) (Suddaby, J.). SO ORDERED by Chief Judge Glenn T. Suddaby on 9/24/2019. (sal )
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| Filing 44 *STRICKEN PER TEXT ORDER ENTERED ON 9/24/2019* NOTICE by Multi-Pack Holdings, LLC re #43 Reply to Response to Motion, #40 Response in Opposition to Motion /Notice of Joinder (Nagi, Jason) Modified on 9/24/2019 (sal ). |
| Filing 43 REPLY to Response to Motion re #25 MOTION to Remand to State Court filed by Lynn E. Gorguze. (Weiner, Daniel) |
| Filing 42 REPLY to Response to Motion re #30 MOTION to Transfer Case to the Southern District of New York filed by Riverlife Investment Holdings LLC. (Attachments: #1 Declaration of Jorian Rose, #2 Exhibit(s) 1 - Settlement Agreement)(Rose, Jorian) |
| Filing 41 AFFIDAVIT in Opposition re #30 MOTION to Transfer Case to the Southern District of New York filed by Lynn E. Gorguze. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Weiner, Daniel) |
| Filing 40 RESPONSE in Opposition re #30 MOTION to Transfer Case to the Southern District of New York filed by Lynn E. Gorguze. (Weiner, Daniel) |
| Filing 39 RESPONSE to Motion re #25 MOTION to Remand to State Court , #30 MOTION to Transfer Case to the Southern District of New York filed by Daniel J Ventricelli, Trustee. (Ostrow, Alec) |
| Filing 38 NOTICE in response to the #31 Notice of Admission Requirement, advising that attorney's John Siegal and Michael A. Sabella will not seek admission to the NDNY, filed by Riverlife Investment Holdings LLC (Tanney, Michelle) Modified on 6/24/2019 to updated docket text. (jmb) |
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Filing 37
TEXT ORDER granting #33 Plaintiff's letter-motion for an extension of the briefing schedules on Defendant Gorguze's #25 motion to remand and Defendant Riverlife's #30 motion to transfer. Contrary to Defendant Gorguze's argument in her opposition, the Court finds that Plaintiff has shown exceptional circumstances in support of its requests: (1) to avoid a possible violation of the automatic stay (given Plaintiff's argument that the decision of Defendant Gorguze's motion to remand may violate the automatic stay); (2) to provide the bankruptcy Trustee with additional time to investigate the underlying claims in this action and decide how to proceed; (3) to conserve judicial resources (given the fact that, e.g., if the Trustee is substituted for Plaintiff, the Trustee could remove any remanded case again, or withdraw any claims against Defendant Gorguze and refile them in the Bankruptcy Court); and (4) to partially grant the relief that Defendant Gorguze herself seeks separately (i.e., an extension of the deadline for her response to Defendant Riverlife's motion to transfer). Defendant Gorguze's #32 Motion to adjourn the deadline for her response to Defendant Riverlife's motion to transfer until after the Court decides Defendant Gorguze's motion to remand is DENIED. Defendant Gorguze is assured that the Court will decide the threshold issue of whether to remand before it decides the issue of whether to transfer. However, because the decision of these two issues may well appear in the same written decision (and because the memo of law to which Defendant Gorguze will be responding is only 10 pages in length), the Court finds that a careful balance of litigation cost and judicial efficiency requires that the second issue be fully briefed. Motion Hearing on both #25 Defendant Gorguze's Motion to Remand to State Court and #30 Defendant Riverlife's Motion to Transfer Case to Southern District are rescheduled for 10/3/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Responses to both Motions are due by 9/16/2019. Replies to Responses to both Motions are due by 9/23/2019. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/18/19. (lmw)
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| Filing 36 RESPONSE to Motion re #25 MOTION to Remand to State Court , #30 MOTION to Transfer Case to the Southern District of New York Objection to (I) the Motion to Remand to New York State Supreme Court of Defendant Lynn E. Gorguze and (II) the Motion to Transfer Venue of Defendant Riverlife Investment Holdings LLC filed by C.L. King & Associates, Inc.. (Fox, Edward) |
| Filing 35 RESPONSE in Opposition re #25 MOTION to Remand to State Court filed by Riverlife Investment Holdings LLC. (Attachments: #1 Declaration of Michelle N. Tanney, #2 Exhibit(s) A - Complaint)(Tanney, Michelle) |
| Filing 34 RESPONSE to Motion re #33 Letter Motion from Edward M. Fox for C.L. King & Associates, Inc. requesting Adjournment of Motion to Remand [Dkt. No. 25] submitted to Judge Glenn T. Suddaby filed by Lynn E. Gorguze. (Weiner, Daniel) |
| Filing 33 Letter Motion from Edward M. Fox for C.L. King & Associates, Inc. requesting Adjournment of Motion to Remand [Dkt. No. 25] submitted to Judge Glenn T. Suddaby . (Fox, Edward) |
| Filing 32 Letter Motion from Daniel H. Weiner for Lynn E. Gorguze requesting Adjournment of Motion to Transfer [ECF No. 30] submitted to Judge Glenn T. Suddaby . (Weiner, Daniel) |
| Filing 31 NOTICE OF ADMISSION REQUIREMENT: as to Defendant Riverlife Investment Holdings LLC; Attorneys John Siegal and Michael A. Sabella. Phone number is 212-589-4200. Admissions due by 6/24/2019. {Copy sent to Attorney Siegal and Sabella by regular mail} (jmb) |
| TEXT NOTICE on #30 MOTION to Transfer Case to the Southern District of New York : Motion set for 7/18/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 7/1/2019. Reply to Response to Motion due by 7/8/2019. (lmw) |
| Filing 30 MOTION to Transfer Case to the Southern District of New York filed by Riverlife Investment Holdings LLC. (Attachments: #1 Memorandum of Law, #2 Declaration of Michelle N. Tanney in Support, #3 Exhibit(s) A - Complaint) Motions referred to Daniel J. Stewart. (Tanney, Michelle) |
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Filing 29
TEXT ORDER granting #28 Plaintiff's Letter Request for an extension to file a response to #25 MOTION to Remand to State Court filed by Defendant Gorguze: Motion set for 7/5/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 6/17/2019. Reply to Response to Motion due by 6/24/2019. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/9/19. (lmw)
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| Filing 28 Letter Motion from Edward M. Fox for C.L. King & Associates, Inc. requesting Adjournment of Motion to Remand [Dkt. No. 25] submitted to Judge Glenn T. Suddaby . (Fox, Edward) |
| TEXT NOTICE on #25 MOTION to Remand to State Court filed by Defendant Lynn E. Gorguze: Motion set for 5/2/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 4/15/2019. Reply to Response to Motion due by 4/22/2019. (lmw) |
| Filing 27 NOTICE by Multi-Pack Holdings, LLC re #25 MOTION to Remand to State Court /Notice of Joinder (Nagi, Jason) |
| Filing 26 NOTICE of Appearance by Dustin Phillip Smith on behalf of Lynn E. Gorguze (Smith, Dustin) |
| Filing 25 MOTION to Remand to State Court Motion Hearing set for 5/2/2019 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 4/15/2019 Reply to Response to Motion due by 4/22/2019. filed by Lynn E. Gorguze. (Attachments: #1 Affidavit of Daniel H. Weiner, #2 Memorandum of Law) (Weiner, Daniel) |
| Filing 24 NOTICE of Appearance by Daniel H. Weiner on behalf of Lynn E. Gorguze (Weiner, Daniel) |
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Filing 23
TEXT ORDER granting #21 Motion for Limited Admission Pro Hac Vice. Attorney Dustin Phillip Smith is hereby admitted to practice in this action on behalf of Defendant Lynn E. Gorguze. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/12/2019. (mab)
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Filing 22
TEXT ORDER granting #20 Motion for Limited Admission Pro Hac Vice. Attorney Daniel Haym Weiner is hereby admitted to practice in this action on behalf of Defendant Lynn E. Gorguze. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/12/2019. (mab)
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| Filing 21 MOTION for Limited Admission Pro Hac Vice of Dustin P. Smith Filing fee $100, receipt number ANYNDC-4675368. filed by Lynn E. Gorguze. (Attachments: #1 Declaration of Sponsor, Derek J. T. Adler, #2 Attorney Registration Form of Dustin P. Smith, #3 Petition for Admission to Practice of Dustin P. Smith, #4 Certificate of Good Standing of Dustin P. Smith) Motions referred to Daniel J. Stewart. (Adler, Derek) |
| Filing 20 MOTION for Limited Admission Pro Hac Vice of Daniel H. Weiner Filing fee $100, receipt number ANYNDC-4675330. filed by Lynn E. Gorguze. (Attachments: #1 Declaration of Sponsor, Derek J. T. Adler, #2 Attorney Registration Form of Daniel H. Weiner, #3 Petition for Admission to Practice of Daniel H. Weiner, #4 Certificate of Good Standing of Daniel H. Weiner) Motions referred to Daniel J. Stewart. (Adler, Derek) |
| Filing 19 NOTICE by William F. Nicklin, Riverlife Investment Holdings LLC re #11 Notice of Admission Requirement (Tanney, Michelle) |
| Filing 18 NOTICE by Lynn E. Gorguze re: Continued Representation by Counsel of Record (Adler, Derek) |
| Filing 17 AFFIDAVIT of Service for Notice of Removal, G.O. 25 Filing Order and Notice of Admission Requirements on February 25, 2019, filed by Riverlife Investment Holdings LLC. (Tanney, Michelle) |
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Filing 16
TEXT ORDER directing Attorney Michelle Tanney to file a certificate of service of Docket #1 Notice of Removal with attached exhibits on all parties. Counsel is further directed to serve a copy of Docket #5 , #6 and #7 upon Attorneys Daniel H. Weiner, Dustin P. Smith and Daniel M. Nuzzaci, defense counsel for Defendant Lynn E. Gorguze, via email or regular mail. All parties are directed to disregard the # 14 Text Notice issued on 2/20/19 regarding Judge D'Agostino's case disposition pilot as she is no longer assigned to this case. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/21/19. (lmw, )
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Filing 15
TEXT ORDER REASSIGNING CASE. In the interest of judicial economy, this case is reassigned to Chief Judge Glenn T. Suddaby and Magistrate Judge Daniel J. Stewart for all further proceedings as it is related to 1:19-cv-229. U.S. District Judge Mae A. D'Agostino and Magistrate Judge Therese Wiley Dancks no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 2/21/19. (lmw)
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| Filing 14 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (jmb) |
| Filing 13 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 5/9/2019 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/2/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 12 NOTICE OF ADMISSION REQUIREMENT: for Party William F. Nicklin, Attorney Jason Ian Blanchard, Admissions due by 3/6/2019. {Copy sent to Atty Blanchard by regular mail} (jmb) |
| Filing 11 NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney Jorian Rose, Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Rose by regular mail} (jmb) |
| Filing 10 NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney Michael Sabella. Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Sabella by regular mail} (jmb) |
| Filing 9 NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney John Siegal. Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Siegal by regular mail} (jmb) |
| Filing 8 NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney Molly Tranbaugh, Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Tranbaugh by regular mail} (jmb) |
| Filing 7 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Daniel M. Nuzzaci, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Nuzzaci by regular mail} (jmb) |
| Filing 6 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Dustin P. Smith, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Smith by regular mail} (jmb) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Daniel H. Weiner, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Weiner by regular mail} |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by Riverlife Investment Holdings LLC stating that no parent corporation exists and no publicly held corporation owns 10% or more of its stock. (jmb) |
| Filing 3 STATE COURT ANSWER: filed by William F. Nicklin and Riverlife Investment Holdings LLC. (jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by Riverlife Investment Holdings LLC. (jmb) |
| Filing 1 NOTICE OF REMOVAL: from NYS Supreme Court, Albany County, case number 906084-17 (Filing fee $400 receipt number ANYNDC-4655896) filed by defendant Riverlife Investment Holdings LLC. (Attachments: #1 Exhibit 1 - State Court Summons & Complaint, #2 Exhibit 2 - Petition for Bankruptcy, #3 Exhibit 3 - Motion to Dismiss, #4 Exhibit 4 - Stipulation, #5 Exhibit 5 - Order, #6 Exhibit 6 - Notice of Entry, #7 Exhibit 7 - Affidavits of Service, #8 Exhibit 8 - Response to Motion, #9 Exhibit 9 - Reply to Motion, #10 Exhibit 10 - Stipulation & Consent to E-Filing, #11 Exhibit 11 - State Court document summary, #12 Exhibit 12 - Notice of Cross Motion, #13 Exhibit 13 - Decision & Order, #14 Exhibit 14 - Notice of Entry, #15 Exhibit 15 - Answer to Complaint by defts William F. Nicklin nad Riverlife Investment Holdings LLC, #16 Exhibit 16 - Multi-Pack Reply, #17 Exhibit 17 - Lynn E. Gorguze Reply, #18 Civil Cover Sheet) (jmb) |
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