Park West Galleries, Inc. v. ALP, Inc.
| Park West Galleries, Inc. |
| ALP, Inc. |
| 1:2019cv03360 |
| April 15, 2019 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 1332 jd |
| Both |
Docket Report
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This docket was last retrieved on May 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 CLERK'S JUDGMENT re: #41 Memorandum & Opinion. in favor of ALP, Inc. against Park West Galleries, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 19, 2020, the Defendant's motion to dismiss the complaint, without prejudice to litigation of the issues raised therein in connection with the State Court Action is granted; because the Court has dismissed the complaint as an anticipatory filing, the Court declines to address the merits of Defendant's argument that the Court should dismiss the complaint for failure to state a claim upon which relief can be granting pursuant to Federal Rule of Civil Procedure 12(b)(6); the complaint is dismissed, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 05/20/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
| Terminate Transcript Deadlines (dt) |
Filing 41
MEMORANDUM OPINION AND ORDER: re: #24 MOTION to Dismiss filed by ALP, Inc. For the foregoing reasons, the Court grants Defendant's motion to dismiss the complaint, without prejudice to litigation of the issues raised therein in connection with the State Court Action. Because the Court has dismissed the complaint as an anticipatory filing, the Court declines to address the merits of Defendant's argument that the Court should dismiss the complaint for failure to state a claim upon with relief can be granting pursuant to Federal Rule ofCivil Procedure 12(b)(6). This Memorandum Opinion and Order resolves docket entry number 24. The Clerk of Court is respectfully directed to enter judgment dismissing the complaint and close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/19/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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| Filing 40 LETTER addressed to Judge Laura Taylor Swain from Jeffrey M. Eilender dated March 31, 2020 re: Providing new relevant decision in a related matter. Document filed by ALP, Inc...(Eilender, Jeffrey) |
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Filing 39
ORDER: The Court has received and reviewed in their entirety Plaintiff's letter dated September 3, 2019, (Docket Entry No. 37), and Defendant's letter in response dated September 5, 2019. (Docket Entry No. 38.) Plaintiff's letter submits evidence and argument in further opposition to Defendant's motion to dismiss the complaint, which is fully briefed and pending before the Court. (Docket Entry No. 24.) Specifically, Plaintiff proffers evidence and argument concerning an affirmation submitted by Defendant's counsel in a state court proceeding purportedly related to the action before this Court. To the extent they are applicable to the argument in the motion to dismiss that this action should be dismissed or stayed under the anticipatory filing doctrine, this Court will consider the letter, its attached exhibit, and Defendant's letter in response, as supplements to the parties' briefing. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/06/2019) (ama)
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| Filing 38 LETTER addressed to Judge Laura Taylor Swain from Jeffrey M. Eilender dated September 5, 2019 re: Park West's improper surreply (Dkt. 37). Document filed by ALP, Inc.. (Attachments: #1 Exhibit Ex. 1)(Eilender, Jeffrey) |
| Filing 37 LETTER addressed to Judge Laura Taylor Swain from Luke Nikas dated September 3, 2019 re: Affirmation of Jeffrey M. Eilender, Esq.. Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit A)(Nikas, Luke) |
| Filing 36 DECLARATION of Jeffrey M. Eilender in Support re: #24 MOTION to Dismiss .. Document filed by ALP, Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Eilender, Jeffrey) |
| Filing 35 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by ALP, Inc.. (Eilender, Jeffrey) |
| Filing 34 DECLARATION of Paul J. Schwiep in Opposition re: #24 MOTION to Dismiss .. Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit A)(Nikas, Luke) |
| Filing 33 DECLARATION of Luke Nikas in Opposition re: #24 MOTION to Dismiss .. Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Nikas, Luke) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss . . Document filed by Park West Galleries, Inc.. (Nikas, Luke) |
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to File. The requested extension is Granted. DE # 30 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/24/2019) (ama)
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| Set/Reset Deadlines: Responses due by 5/28/2019 (ama) |
| Filing 30 JOINT LETTER MOTION for Extension of Time to File Opposition to Motion to Dismiss addressed to Judge Laura Taylor Swain from Luke Nikas and Jeffrey M. Eilender dated May 23, 2019. Document filed by Park West Galleries, Inc..(Nikas, Luke) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/17/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 28 TRANSCRIPT of Proceedings re: ARGUMENT held on 4/17/2019 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019.(McGuirk, Kelly) |
| Filing 27 DECLARATION of Lawrence Flynn in Support re: #24 MOTION to Dismiss .. Document filed by ALP, Inc.. (Eilender, Jeffrey) |
| Filing 26 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss . . Document filed by ALP, Inc.. (Eilender, Jeffrey) |
| Filing 25 DECLARATION of Jeffrey M. Eilender in Support re: #24 MOTION to Dismiss .. Document filed by ALP, Inc.. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19)(Eilender, Jeffrey) |
| Filing 24 MOTION to Dismiss . Document filed by ALP, Inc.. Responses due by 5/27/2019(Eilender, Jeffrey) |
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Filing 23
MEMO ENDORSEMENT: on re: #20 Letter filed by ALP, Inc. ENDORSEMENT: The proposed briefing schedule for motion practice is approved and the requested discovery stay is Granted, without prejudice to consideration of requests for use of State Court discovery material in this case if the case survives the dispositive motion practice. DE # 20 resolved. SO ORDERED., ( Motions due by 5/10/2019., Responses due by 5/24/2019, Replies due by 6/7/2019.) (Signed by Judge Laura Taylor Swain on 4/30/2019) (ama)
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Paul J. Schwiep to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. DE #19 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/26/2019) (kv)
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| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ALP, Inc..(Eilender, Jeffrey) |
| Filing 20 LETTER addressed to Judge Laura Taylor Swain from Jeffrey M. Eilender dated April 25, 2019 re: Joint Status Report. Document filed by ALP, Inc..(Eilender, Jeffrey) |
| Filing 19 MOTION for Paul J. Schwiep to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Park West Galleries, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing from the Supreme Court of Florida, #3 Text of Proposed Order)(Schwiep, Paul) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Paul J. Schwiep to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 18 AFFIDAVIT OF SERVICE. ALP, Inc. served on 4/17/2019, answer due 5/8/2019. Service was accepted by Sue Zouky, Agent of the Secretary of State, State of New York. Document filed by Park West Galleries, Inc.. (Nikas, Luke) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Paul J. Schwiep to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16726263. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul J. Schwiep to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16726263. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Park West Galleries, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Text of Proposed Order)(Schwiep, Paul) Modified on 4/19/2019 (wb). |
| Filing 16 DECLARATION of Albert P. Scaglione in Support re: #13 Order to Show Cause,. Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit A - Email dated October 31, 2018)(Nikas, Luke) |
| Filing 15 DECLARATION of Luke Nikas in Support re: #13 Order to Show Cause,. Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit 1 - Agreement dated October 31, 2018, #2 Exhibit 2 - Wire Transfer Notification, #3 Exhibit 3 - Wire Transfer Notification, #4 Exhibit 4 - Letter dated April 5, 2019, #5 Exhibit 5 - Complaint filed April 15, 2019, #6 Exhibit 6 - New York Times article dated April 16, 2019)(Nikas, Luke) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 Order to Show Cause, for a Temporary Restraining Order and Preliminary Injunction. Document filed by Park West Galleries, Inc.. (Nikas, Luke) |
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Filing 13
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION CONSOLIDATED WITH AN EXPEDITED TRIAL ON THE MERITS: The referenced application for an Order to Show Cause and Temporary restraining order is DENIED. Plaintiff is directed to file the underlying papers and link them to this order. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/17/2019) (ama)
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| Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 4/17/2019. Court Reporter Michael McDaniel present.TRO/OSC HEARING held. The application is denied. Parties are directed to file their underlying papers once the Order appears in ECF. Parties are directed to file a joint status report by 4/26/2019. ( Status Report due by 4/26/2019.) (lan) |
| Filing 12 LETTER addressed to Judge Laura Taylor Swain from Erik S. Groothuis dated April 17, 2019 re: Plaintiff's Emergency Application for a TRO, NY Supreme State Court Action. Document filed by ALP, Inc..(Groothuis, Erik) |
| Filing 11 NOTICE OF APPEARANCE by Jolene Frederique Lavigne-Albert on behalf of ALP, Inc.. (Lavigne-Albert, Jolene) |
| Filing 10 NOTICE OF APPEARANCE by Erik Scott Groothuis on behalf of ALP, Inc.. (Groothuis, Erik) |
| Filing 9 NOTICE OF APPEARANCE by John Marquez Lundin on behalf of ALP, Inc.. (Lundin, John) |
| Filing 8 NOTICE OF APPEARANCE by Jeffrey M. Eilender on behalf of ALP, Inc.. (Eilender, Jeffrey) |
| Filing 7 NOTICE OF APPEARANCE by Maaren Alia Shah on behalf of Park West Galleries, Inc.. (Shah, Maaren) |
| Filing 6 NOTICE OF APPEARANCE by Robert Lloyd Raskopf on behalf of Park West Galleries, Inc.. (Raskopf, Robert) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to ALP, Inc.. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Luke William Nikas. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State); Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $75,000,000; County code New York. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to $75,000; the County code has been modified to XX Out of State. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Luke William Nikas. The party information for the following party/parties has been modified: Park West Galleries, Inc. ; ALP, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text entered errorneously. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Gabriel W. Gorenstein 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. (dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to ALP, Inc., re: #1 Complaint. Document filed by Park West Galleries, Inc.. (Nikas, Luke) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Park West Galleries, Inc..(Nikas, Luke) |
| Filing 2 CIVIL COVER SHEET filed. (Nikas, Luke) |
| Filing 1 COMPLAINT against ALP, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16700181)Document filed by Park West Galleries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nikas, Luke) |
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