Valada v. Cucciniello et al
| Maribeth Valada |
| Armand V. Cucciniello, Anthony DiGiovanni and ATP Investigations LLC |
| 3:2022cv00703 |
| July 5, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 Petition for Removal Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 CERTIFICATE OF SERVICE by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni re #33 Reply to Response to Motion, (Rose, Daniel) |
| Filing 33 REPLY to Response to Motion re #29 MOTION to Dismiss for Failure to State a Claim filed by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. Motion returnable before Judge Mae A. D'Agostino filed by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. (Rose, Daniel) |
| Filing 32 CERTIFICATE OF SERVICE by Maribeth Valada re #31 Response to Motion, (Benjamin, Ronald) |
| Filing 31 RESPONSE to Motion re #29 MOTION to Dismiss for Failure to State a Claim filed by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. Motion returnable before Judge Mae A. D'Agostino filed by Maribeth Valada. (Benjamin, Ronald) |
| Filing 30 CERTIFICATE OF SERVICE by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni re #29 MOTION to Dismiss for Failure to State a Claim filed by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. Motion returnable before Judge Mae A. D'Agostino (Rose, Daniel) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim filed by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 9/30/2022. Reply to Response to Motion due by 10/7/2022 (Attachments: #1 Memorandum of Law) (Rose, Daniel) |
Filing 28
TEXT ORDER: The Rule 16 initial conference continues to be STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/30/2022. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a conference was held on 8/30/2022, via telephone conference. The Court and parties discussed and covered the following topics/issues: (1) all Defendants, including Defendant ATP Investigations LLC, are now represented by attorney Daniel R. Rose, who has filed a notice of appearance as to all Defendants; (2) an Amended Notice of Removal was filed by the removing Defendant at Dkt. No. #19 to address and clarify diversity jurisdiction; (3) all Defendants have appeared in the case; and (4) Defendants have received authorization from the District Judge to file a motion, Dkt. No. 27 , and have advised that they intend to file such motion. The Rule 16 initial conference continues to be STAYED without date. Appearances: R. Benjamin, Esq., for Plaintiff; and D. Rose, Esq., for Defendants. (jdp) |
| Filing 27 TEXT ORDER granting #25 Letter request/Status Report filed by Anthony DiGiovanni, Armand V. Cucciniello, ATP Investigations LLC: It is hereby ORDERED that the defendants request for leave to file a Motion to Dismiss is GRANTED. No additional pre-motion conference is necessary. The Motion is to be filed on or before 9/9/2022. Signed by U.S. District Judge Mae A. D'Agostino on 8/23/22. (ban) |
| Filing 26 CERTIFICATE OF SERVICE by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni re #25 Status Report (Rose, Daniel) |
| Filing 25 STATUS REPORT by ATP Investigations LLC, Armand V. Cucciniello, Anthony DiGiovanni. (Rose, Daniel) |
| Filing 24 CERTIFICATE OF SERVICE by ATP Investigations LLC, Anthony DiGiovanni re #23 Notice of Appearance (Rose, Daniel) |
| Filing 23 NOTICE of Appearance by Daniel R. Rose on behalf of ATP Investigations LLC, Anthony DiGiovanni (Rose, Daniel) |
| Filing 22 CERTIFICATE OF SERVICE by Armand V. Cucciniello re #21 Status Report (Rose, Daniel) |
| Filing 21 STATUS REPORT by Armand V. Cucciniello. (Rose, Daniel) |
| Filing 20 CERTIFICATE OF SERVICE by Armand V. Cucciniello re #19 Notice of Removal, (Rose, Daniel) |
| Filing 19 NOTICE OF REMOVAL AMENDED ;; at or. filed by Armand V. Cucciniello. (Attachments: #1 Exhibit(s) A - S&C state court, #2 Exhibit(s) B - AFS-Cucciniello, #3 Exhibit(s) C - AFS - DiGiovanni, #4 Exhibit(s) D - AFS - ATP)(Rose, Daniel) |
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Filing 18
TEXT ORDER: (1) any appearance on behalf of Defendant ATP Investigations LLC must be filed by an attorney and must be filed by 8/22/2022; (2) the deadline is extended to 8/22/2022 for Defendant Cucciniello, pro se Defendant DiGiovanni, and Defendant ATP Investigations LLC, to either file an answer to the complaint or a status report advising of an intention to seek in the future authorization/permission from U.S. District Judge Mae A. D'Agostino to file a motion; (3) Defendant Cucciniello may file an amended Notice of Removal by 8/15/2022 addressing deficiencies and shall also file a status report by 8/15/2022 covering the deficiency topics; (4) the Rule 16 initial conference scheduled for 8/17/2022 at 11:00 a.m., via telephone conference, and filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date; and (5) the next telephone conference is scheduled for 8/30/2022 at 3:00 p.m. before Magistrate Judge Miroslav Lovric. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/8/2022. (copy served on Defendant Anthony DiGiovanni via regular mail) (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a conference was held on 8/8/2022, via telephone conference. Appearing at the conference were counsel for Plaintiff, counsel for Defendant Cucciniello, and pro se Defendant DiGiovanni. Defendant ATP Investigations LLC has not yet appeared in the case. The Court discussed and covered with the parties the following issues: (1) deficiencies in the Notice of Removal as to not adequately alleging complete diversity (LLC members issue), no mention of whether consent for removal from any other defendant is/was necessary or not, and no discussion of venue; (2) pro se Defendant DiGiovanni, who is not an attorney, is not permitted to represent Defendant ATP Investigations LLC; (3) any appearance on behalf of Defendant ATP Investigations LLC must be filed by an attorney and must be filed by 8/22/2022; (4) the deadline is extended to 8/22/2022 for Defendant Cucciniello, pro se Defendant DiGiovanni, and Defendant ATP Investigations LLC, to either file an answer to the complaint or a status report advising of an intention to seek in the future authorization/permission from U.S. District Judge Mae A. D'Agostino to file a motion; (5) Defendant Cucciniello may file an amended Notice of Removal by 8/15/2022 addressing deficiencies and shall also file a status report by 8/15/2022 covering the deficiency topics; (6) the Rule 16 initial conference scheduled for 8/17/2022 at 11:00 a.m., via telephone conference, and filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date; and (7) the next telephone conference is scheduled for 8/30/2022 at 3:00 p.m. before Magistrate Judge Miroslav Lovric. Appearances: R. Benjamin, Esq., for Plaintiff; D. Rose, Esq., for Defendant Cucciniello; and pro se Defendant A. DiGiovanni. (copy served on pro se Defendant Anthony DiGiovanni via regular mail) (jdp ) |
| Filing 17 CERTIFICATE OF SERVICE by Maribeth Valada re Set/Reset Answer Deadline, #13 Affidavit of Service, #12 Affidavit of Service, #15 Affidavit of Service, #16 LETTER BRIEF, #14 Affidavit of Service (Benjamin, Ronald) |
| Filing 16 LETTER BRIEF to Judge Lovric by Maribeth Valada. (Benjamin, Ronald) |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Anthony DiGiovanni on June 14, 2022, filed by Maribeth Valada. (Benjamin, Ronald) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on ATP Investigations LLC on June 14, 2022, filed by Maribeth Valada. (Benjamin, Ronald) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Armand V. Cucciniello, Jr. on July 21, 2022, filed by Maribeth Valada. (Benjamin, Ronald) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Armand V. Cucciniello, Jr. on June 14, 2022, filed by Maribeth Valada. (Benjamin, Ronald) |
| ***Answer due date updated for Armand V. Cucciniello answer due 8/11/2022; ATP Investigations LLC answer due 7/12/2022; Anthony DiGiovanni answer due 7/12/2022. (map) |
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Filing 11
TEXT ORDER: A status conference is scheduled for 8/8/2022 at 1:00 p.m., via telephone conference, before Magistrate Judge Miroslav Lovric. The parties shall be prepared to discuss Diversity Jurisdiction, service of process, representation of Defendant ATP Investigations LLC, and all other aspects of this matter. Plaintiff is directed to serve this Text Order and the Notice of Teleconference entries on Defendants Anthony DiGiovanni and ATP Investigations LLC, and file an affidavit of service on the docket by 8/5/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/2/2022. (copy served on Defendant Anthony DiGiovanni via regular mail) (jdp )
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| Filing 10 TEXT ORDER denying #5 Letter Motion from Daniel Rose for Armand V. Cucciniello requesting Permission to File Motion. Signed by U.S. District Judge Mae A. D'Agostino on 8/2/22. (ban) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 8/2/2022 before U.S. District Judge Mae A. D'Agostino: Appearances by Ronald Benjamin, Esq. for the Plaintiff; Daniel Rose, Esq. for defendant Cucciniello; Pro se Defendant Anthony DiGiovanni; Judge D'Agostino addresses defendant Cucciniello's letter request for leave to file a motion to dismiss; Judge D'Agostino questions defendant DiGiovanni regarding his representation status and that of his company - ATB Investigations LLC. Mr. DiGiovanni informs the Court that he will proceed pro se and that he and his company were not properly served; Judge D'Agostino addresses Diversity jurisdiction with defense counsel - questions as to complete diversity jurisdiction need to be reviewed. Counsel for defendant Cucciniello addresses the Court; Plaintiff's counsel addresses the Court and informs the Court that All 3 named defendant's have been properly served and that he intends to move for default Judgment in State Court; Judge D'Agostino directs plaintiff's counsel to file his affidavits of service; This matter will be referred to Magistrate Judge Lovric to address service and diversity jurisdiction. NO motions are permitted at this time, until Judge Lovric conferences with counsel and directs the next step. Defense counsel requests that a conference with Judge Lovric be scheduled for sometime the week of 8/8/22 or the beginning of September. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 10:59 a.m. - 11:08 a.m.]) (ban, ) |
| Filing 9 Pre-Motion Response to #5 Letter Motion from Daniel Rose for Armand V. Cucciniello requesting Permission to File Motion submitted to Judge D'Agostino . (Benjamin, Ronald) |
| A copy of the 7/18/22 Text Notice was mailed to defendant Anthony DiGiovanni, at the PA addressed indicated on his letter. (ban) |
| Filing 8 Letter from Anthony DiGiovanni stating the he is representing himself in this matter and advising that he was not served properly. (jdp) |
| Filing 7 PRO SE HANDBOOK, LOCAL RULES and PRO SE NOTICE issued by way of regular mail as to Pro Se Defendant Anthony DiGiovanni. (map) |
| Filing 6 Letter from Defendant Anthony DiGiovanni stating that he is representing himself in this matter and affirming that he received a copy of the #1 Notice of Removal paperwork. (map) |
| Filing 5 Letter Motion from Daniel Rose for Armand V. Cucciniello requesting Permission to File Motion submitted to Judge D'Agostino . (Rose, Daniel) |
| ***Answer due date updated for ATP Investigations LLC answer due 7/12/2022; Armand V. Cucciniello answer due 7/12/2022; Anthony DiGiovanni answer due 7/12/2022. (map) |
| Filing 4 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. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (map) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 8/17/2022 at 11:00 AM before U.S. Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/10/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
| TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Daniel R. Rose, Esq. address, phone number and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 7/9/2022 (map) |
| Filing 2 STATE COURT COMPLAINT WITH JURY DEMAND filed by Plaintiff(s) in Supreme Court of the State of New York, County of Broome. State Court Case Index No. EFCA2022000867. (Attachments: #1 Exhibit A: New York State Supreme Court - Broome County Electronic Filing Docket Sheet, #2 Exhibit B: New York State Supreme Court - Broome County Affidavit of Service)(map) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court - County of Broome, case number EFCA2022000867 (Filing fee $402 receipt number ANYNDC-5956906) filed by Armand V. Cucciniello. (Attachments: #1 Exhibit A: New York State Supreme Court - Broome County Complaint and Summons, #2 Exhibit B: New York State Supreme Court - Broome County Affidavit of Service, #3 Exhibit C: New York State Supreme Court - Broome County Electronic Filing Docket Sheet, #4 Civil Cover Sheet)(map) |
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