Duff & Phelps Securities, LLC v. Wisniewski et al
| Duff & Phelps Securities, LLC |
| Patricia Wisniewski and Raymond Wisniewski |
| 1:2016cv07226 |
| September 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
26
OPINION & ORDER re: 15 FIRST MOTION to Dismiss for Lack of Jurisdiction filed by Patricia Wisniewski, Raymond Wisniewski. For the foregoing reasons, the Court holds that this Court lacks personal jurisdiction over the Defendants. Pl aintiff's request for jurisdictional discovery is DENIED because the Plaintiff's proposed discovery appears to be a fishing expedition unlikely to uncover any material facts that would alter this Courts conclusion. Plaintiff seeks to depose the Wisniewskis and Usatine, but those individuals have already submitted detailed sworn testimony stating that they did not have any contacts with New York in connection with the Agreement. Plaintiff offers no evidence in support of its speculative assertion that other attorneys at Cole Schotz may have performed work in New York on behalf of the Wisniewkis. Because the parties consent to transfer this case to New Jersey, this case is hereby TRANSFERRED to the District of New Jersey. See 28 U.S .C. § 1631. The Clerk of Court is respectfully directed to terminate Docket Entry No. 15 and transfer this case to the District of New Jersey. Pursuant to Rule 83.1, the Clerk's Office will wait seven days to transfer this case. (Signed by Judge Valerie E. Caproni on 7/5/2017) (mml)
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