Daniel J. Ventricelli v. Nicklin
| C.L. King & Associates, Inc. and Daniel J. Ventricelli |
| Velda Adah Nicklin |
| 1:2019cv00234 |
| February 19, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| 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-00319, filed 01/14/2020. (jmb) |
Filing 18
TEXT ORDER granting Defendant's motion to transfer venue to the Southern District of New York (Dkt. No. #11 .) Under the governing legal standard, a district court must conduct "a two-part test: (1) whether the action to be transferred might have been brought in the transferee venue; and (2) whether the balance of convenience and justice favors transfer." Advanced Fiber Tech. Trust v. J & L Fiber Serv. Inc., 07-CV-1191, 2008 WL 4890377, at *1 (N.D.N.Y. Nov. 12, 2008) (Homer, J.). Courts conduct the same multi-factor analysis regardless of whether plaintiff's have consented to transfer venue to the proposed transferee forum. Ward v. Stewart, 133 F. Supp. 3d 455, 459-60 (N.D.N.Y. 2015) (Hurd, J.). As discussed more in depth in Ventricelli v. Nicklin, 19-cv-0230, the Court finds that the balance of factors weigh in favor of transferring the immediate action to the Southern District of New York, especially here, where Plaintiff has consented to the proposed transferee forum. Accordingly, Defendant's motion to transfer venue to the Southern District of New York is GRANTED. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/13/2020. (sal )
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Filing 17
ORDER approving #16 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King, and such pleadings and papers shall be treated as having been filed by the Trustee, unless and until amended or withdrawn by the Trustee in accordance with the applicable Federal Rules of Civil Procedure and the Local Rules of this Court.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 9/26/2019. (sal )
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| Filing 16 STIPULATION Substituting Plaintiff and Amending Caption by Daniel J Ventricelli, Trustee submitted to Judge Suddaby. (Ostrow, Alec) |
| Filing 15 REPLY to Response to Motion re #11 MOTION to Transfer Case to the Southern District of New York filed by Velda Adah Nicklin. (Rose, Jorian) |
| Filing 14 RESPONSE to Motion re #11 MOTION to Transfer Case to the Southern District of New York filed by Daniel J Ventricelli, Trustee. (Ostrow, Alec) |
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Filing 13
TEXT ORDER granting #12 Plaintiff's Letter Request for an extension to file a response to #11 Defendant's MOTION to Transfer Case to the Southern District of New York : Motion set for 10/3/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 9/16/2019. Reply to Response to Motion due by 9/23/2019. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/26/19. (lmw)
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| Filing 12 Letter Motion from Edward M. Fox for C.L. King & Associates, Inc. requesting Adjournment of Motion to Transfer Venue [Dkt. No. 11] submitted to Judge Glenn T. Suddaby . (Fox, Edward) |
| TEXT NOTICE on #11 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 1/7/2019. Reply to Response to Motion due by 7/8/2019. (lmw) |
| Filing 11 MOTION to Transfer Case to the Southern District of New York filed by Velda Adah Nicklin. (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 10
TEXT ORDER: Based upon the Stipulation filed on March 13, 2019, Dkt. No. #9 , the Rule 16 Initial Conference and the deadline for the parties to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures in this matter are ADJOURNED for sixty (60) days. Counsel are directed to file a Status Report by May 17, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/15/2019. (mab)
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| Filing 9 STIPULATION to Adjourn Deadlines by C.L. King & Associates, Inc. submitted to Judge Daniel J. Stewart. (Fox, Edward) |
| Filing 8 NOTICE by Velda Adah Nicklin re #5 Notice of Admission Requirement (Tanney, Michelle) |
| Filing 7 AFFIDAVIT of Service for Notice of Removal and G.O. 25 Filing Order on February 25, 2019, filed by Velda Adah Nicklin. (Tanney, Michelle) |
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Filing 6
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 case 1:19-cr-299. Judge Brenda K. Sannes and US Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/21/19. (lmw)
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| Filing 5 NOTICE of Admission Requirement as to Party Velda Adah Nicklin; Attorneys Jorian Rose, John Siegal, Michael Sabella, and Molly Tranbaugh. Phone number is 212-589-4200. Admissions due by 3/7/2019. {Notices mailed on 2/21/2019 by regular mail}(see) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/22/2019 at 10:00 AM by telephone, unless the parties are specifically directed to appear, before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/15/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 3 STATE COURT ANSWER to Complaint by Velda Adah Nicklin.(see) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal. (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Albany County, case number 903773-18 (Filing fee $400 receipt number ANYNDC-4655838) filed by Velda Adah Nicklin. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Civil Cover Sheet)(see) |
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