Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP et al
| Stanley Waleski |
| Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP and Natalie D. Ramsey |
| 1:2019cv00309 |
| January 11, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Other |
| 28 U.S.C. § 1442 pr |
| None |
Docket Report
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Filing 43
DUPLICATE ORIGINAL AMENDED STANDING ORDER REFERRING CASE to Bankruptcy Court as related to Bankruptcy Court Case No. 09-10156. Pursuant to 28 U.S.C. Section 157(a) any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 are referred to the bankruptcy judges for this district. (See 1:12-mc-00032 (M-10-468) Order Filed February 1, 2012) (Signed by Judge Loretta A. Preska on 1/31/2012) (gp)
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| CASE TRANSFERRED OUT from the U.S.D.C. Southern District of New York to the United States Bankruptcy Court - Southern District of New York. (gp) |
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Filing 42
ORDER: The Clerk of Court is respectfully directed to transfer this case to the United States Bankruptcy Court for the Southern District of New York. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/06/2019) (ama) Transmission to Civil Case Openings Clerk for processing.
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| Filing 41 LETTER addressed to Judge Alison J. Nathan from Richard G. Haddad dated February 1, 2019 re: Regarding Status of Case. Document filed by Stanley Waleski.(Haddad, Richard) |
| Filing 40 NOTICE OF APPEARANCE by Barry Mark Kazan on behalf of Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Kazan, Barry) |
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Filing 39
ORDER: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that the parties submit a joint letter to the Court updating the Court on the status of the case no later than February 1, 2019. The parties are directed to the Court's Individual Practices (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) regarding the submission of letters. The status letter should address the following subjects: as set forth herein. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2019) (ama)
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| Filing 38 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Middle; Case Number: 3:18-cv-01144. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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Filing 37
ORDER adopting #36 Report and Recommendations; granting #7 Motion for Transfer of Venue. The Court declines to rule on Plaintiff's Motion to Remand (Doc. 11) or Defendants' Motion to Dismiss (Doc. 6). Clerk of Court directed to CLOSE the case. Signed by Honorable Robert D. Mariani on 1/7/19. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.]
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| Filing 36 REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the defendants motion to have this case transferred to the United States District Court for the Southern District of New York (Doc. #7 ),be GRANTED and that the Court decline to rule on the plaintiffs motion to remand (Doc. #11 ), or the defendants motion to dismiss (Doc. #6 ) so that these motions may be addressed by the bankruptcy court, which has the greatest interest in, and the greatest familiarity with, the issues raised in this litigation. Objections to R&R due by 12/24/2018. Signed by Magistrate Judge Martin C. Carlson on December 10, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 35 SUR REPLY to REPLY to Response to Motion re #11 MOTION to Remand to State Court filed by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s) A)(Brier, Daniel) [Transferred from Pennsylvania Middle on 1/11/2019.] |
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Filing 34
ORDER granting Dfts' Motion for Leave to Sur Reply. Signed by Magistrate Judge Martin C. Carlson on August 24, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.]
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| Filing 33 MOTION to Alter Judgment , MOTION for Leave to File Brief Sur Reply in Further Opposition to Plaintiff's Motion to Remand by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s) A, #2 Proposed Order)(Brier, Daniel) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 32 Mail (Doc. 16) sent to Scott M. Hare returned as "Not Deliverable as Addressed". No forwarding address provided. (ve) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 31 REPLY BRIEF re #7 MOTION to Transfer Case filed by Montgomery, McCracken, Walker & Rhoads, LLP. (Attachments: #1 Appendix Unpublished Opinions)(Walsh, Donna) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 30 REPLY BRIEF re #11 MOTION to Remand to State Court filed by Stanley Waleski.(Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 29 BRIEF IN OPPOSITION re #7 MOTION to Transfer Case filed by Stanley Waleski.(Hare, Scott) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 28 BRIEF IN OPPOSITION re #11 MOTION to Remand to State Court filed by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Appendix Unpublished Opinions)(Walsh, Donna) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| DOCKET ANNOTATION: Robert Johnson and Emily Montion are both active with the OH state bar. (lh) [Transferred from Pennsylvania Middle on 1/11/2019.] |
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Filing 27
ORDER - IT IS ORDERED as follows: 1. Oppositions to Plaintiffs Motion to Remand (Dkt. #11 ) and Defendants Motion to Transfer Case (Dkt. #7 ) shall be filed by July 16, 2018. 2. Replies in Support of Plaintiffs Motion to Remand (Dkt. #11 ) and Defendants Motion to Transfer Case (Dkt. #7 ) shall be filed by July 30, 2018. 3. Deadlines associated with Defendants Motion to Dismiss for Failure to State a Claim (Dkt. #6 ) are suspended pending further Order of Court. Signed by Magistrate Judge Martin C. Carlson on July 9, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.]
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| Filing 26 Joint Proposed Scheduling Order by Stanley Waleski. . (Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 24 SPECIAL ADMISSIONS FORM APPROVED as to Robert P. Johnson, Esq.Signed by Magistrate Judge Martin C. Carlson on July 2, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 23 SPECIAL ADMISSIONS FORM APPROVED as to Emily G. Montion, Esq.Signed by Magistrate Judge Martin C. Carlson on July 2, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 22 Letter to Magistrate Judge Carlson dated 6/27/2018 requesting a telephonic status conference. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 21 SPECIAL ADMISSIONS FORM APPROVED as to Scott M. Hare, Esq.Signed by Magistrate Judge Martin C. Carlson on June 27, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 20 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Scott M. Hare on behalf of Stanley Waleski Attorney Scott Hare is seeking special admission. Filing fee $ 50, receipt number 0314-4469596., filed by on behalf of Stanley Waleski.(Hare, Scott) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 19 BRIEF IN SUPPORT of Motion to Transfer Venue re #7 MOTION to Transfer Case filed by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s), #2 Appendix)(Walsh, Donna) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 18 BRIEF IN SUPPORT re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Appendix)(Walsh, Donna) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 17 BRIEF IN SUPPORT re #11 MOTION to Remand to State Court filed by Stanley Waleski.(Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
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Filing 16
ORDER granting #12 Motion for Leave to Exceed word limit. Signed by Magistrate Judge Martin C. Carlson on June 22, 2018. (kjn) [Transferred from Pennsylvania Middle on 1/11/2019.]
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; for Pretrial Management.Signed by Honorable Robert D. Mariani on 6/22/18. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.]
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| Filing 14 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Emily G Moniton on behalf of Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey Attorney Emily Montion is seeking special admission. Filing fee $ 50, receipt number 0314-4464310.. (Moniton, Emily) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 13 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert P Johnson on behalf of Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey Attorney Robert Johnson is seeking special admission. Filing fee $ 50, receipt number 0314-4464253.. (Johnson, Robert) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 12 MOTION to Exceed Page Limitation by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Proposed Order)(Walsh, Donna) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 11 MOTION to Remand to State Court by Stanley Waleski. (Attachments: #1 Proposed Order)(Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 10 SPECIAL ADMISSIONS FORM APPROVED as to Seth Meyer, Esq.Signed by Honorable Robert D. Mariani on 6/12/18. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 9 SPECIAL ADMISSIONS FORM APPROVED as to Ashley Keller, Esq.Signed by Honorable Robert D. Mariani on 6/12/18. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 8 SPECIAL ADMISSIONS FORM APPROVED as to Travis Lenkner, Esq.Signed by Honorable Robert D. Mariani on 6/12/18. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 7 MOTION to Transfer Case by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s) A - FOF, COL, Order, #2 Proposed Order)(Brier, Daniel) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Exhibit(s) A - Opinion& Order/Corrected Judgment, #2 Exhibit(s) B - FOF, COL, Order, #3 Exhibit(s) C - Memorandum Opinion, #4 Exhibit(s) D - First Petition for Approval, #5 Exhibit(s) E - Order, #6 Exhibit(s) F - Opinion, #7 Exhibit(s) G - Opinion, #8 Exhibit(s) H - Brief, #9 Proposed Order)(Brier, Daniel) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 5 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Seth A Meyer on behalf of All Plaintiffs Attorney Travis Lenkner is seeking special admission. Filing fee $ 50, receipt number 0314-4452783.. (Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 4 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Seth A Meyer on behalf of All Plaintiffs Attorney Ashley Keller is seeking special admission. Filing fee $ 50, receipt number 0314-4452781.. (Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 3 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Seth A Meyer on behalf of All Plaintiffs Attorney Seth Meyer is seeking special admission. Filing fee $ 50, receipt number 0314-4452776.. (Meyer, Seth) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 2 LETTER ORDER Re: Case Assignment and Procedures.Signed by Honorable Robert D. Mariani on 6/6/18. (jam) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM mailed to Attorney Scott Hare (lg) [Transferred from Pennsylvania Middle on 1/11/2019.] |
| Filing 1 NOTICE OF REMOVAL by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey ( Filing fee $ 400; Receipt #470056547108285), filed by Leonard A. Busby, Montgomery, McCracken, Walker & Rhoads, LLP, Natalie D. Ramsey. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Appendix)(rm) Modified on 6/6/2018 (ao). [Transferred from Pennsylvania Middle on 1/11/2019.] |
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