Stewart v. Stewart
| Barbara Stewart |
| Michele Stewart |
| 1:2019cv05960 |
| June 26, 2019 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Other Fraud |
| 28 U.S.C. § 1332 fr |
| Defendant |
Docket Report
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| Filing 34 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 1:18-cv-00201. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Naomi Reice Buchwald. 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) |
| Case transferred to District of Southern District of New York; Case terminated. (NRE) [Transferred from New York Western on 6/26/2019.] |
Filing 33
ORDER granting #25 Motion to Change Venue. Signed by Hon. Geoffrey Crawford on 6/4/2019. (NRE) [Transferred from New York Western on 6/26/2019.]
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| Filing 32 DECLARATION re #30 Reply to Response to Motion filed by Michele Stewart filed by Michele Stewart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 31 AFFIDAVIT re #30 Reply to Response to Motion by Michele Stewart filed by Michele Stewart. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 30 REPLY to Response to Motion re #25 MOTION to Change Venue to the U.S. District Court for the Southern District of New York filed by Michele Stewart. (Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 29 AFFIDAVIT of Barbara Stewart in Opposition re #25 MOTION to Change Venue to the U.S. District Court for the Southern District of New York filed by Barbara Stewart. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 28 MEMORANDUM in Opposition re #25 MOTION to Change Venue to the U.S. District Court for the Southern District of New York filed by Barbara Stewart. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 27 Plaintiff's ANSWER to #24 Answer to Complaint, Counterclaim by Barbara Stewart.(Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 26 STIPULATION re #25 MOTION to Change Venue to the U.S. District Court for the Southern District of New York by Barbara Stewart. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 25 MOTION to Change Venue to the U.S. District Court for the Southern District of New York by Michele Stewart. (Attachments: #1 Affidavit of Michele Stewart, #2 Declaration of David B. Grantz, Esq., #3 Memorandum in Support of Motion to Transfer Venue)(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(NRE) [Transferred from New York Western on 6/26/2019.] |
| Filing 24 ANSWER to #1 Complaint Affirmative Defenses and, Amended COUNTERCLAIM against Barbara Stewart by Michele Stewart.(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 23 ANSWER to #22 Answer to Complaint, Counterclaim by Barbara Stewart.(Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(NRE) [Transferred from New York Western on 6/26/2019.] |
| Filing 22 ANSWER to #1 Complaint Affirmative Defenses and, COUNTERCLAIM against Barbara Stewart by Michele Stewart.(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
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Filing 21
ORDER regarding #4 Motion to Dismiss for Lack of Jurisdiction is GRANTED IN PART and DENIED IN PART. Counts three and four are dismissed insofar as they purport to be "causes of action," but without prejudice to seeking those remedies if liability is established. The motion is denied in all other respects. Signed by Hon. Geoffrey Crawford on 11/29/18. (NRE) (Pursuant to Request from Chambers - Main Document 21 replaced on 11/29/2018) (NRE). [Transferred from New York Western on 6/26/2019.]
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| Filing 20 REPLY to Response to Motion re #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens filed by Michele Stewart. (Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Set/Reset Deadlines as to #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens. Replies due by 5/23/2018. (NRE) [Transferred from New York Western on 6/26/2019.] |
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Filing 19
ORDER granting #18 MOTION for Extension of Time to File Reply. Reply now due May 23, 2018. Signed by Hon. Geoffrey Crawford on 4/26/18. (JL)-CLERK TO FOLLOW UP- [Transferred from New York Western on 6/26/2019.]
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| Filing 18 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Michele Stewart. (Attachments: #1 Declaration of David B. Grantz, #2 Text of Proposed Order)(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 17 MEMORANDUM in Opposition re #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens filed by Barbara Stewart. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 16 AFFIDAVIT of William P. Stewart, III in Opposition re #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens filed by Barbara Stewart. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 15 AFFIDAVIT of Barbara Stewart in Opposition re #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens filed by Barbara Stewart. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 14 AFFIDAVIT of David P. Marcus, Esq. in Opposition re #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens filed by Barbara Stewart. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU)(Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 13 AFFIDAVIT of Service for Proof of Service of Summons and Complaint served on Michele Stewart on March 2, 2018, filed by Barbara Stewart. (Yankelunas, Edward) [Transferred from New York Western on 6/26/2019.] |
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Filing 12
ORDER granting #9 Motion for Extension of Time until 4/23/2018 to File Response/Reply as to #4 MOTION to Dismiss. Signed by Hon. Geoffrey Crawford on 4/5/2018. (KM) [Transferred from New York Western on 6/26/2019.]
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| Filing 11 Letter to Court from David Marcus with attached affidavit regarding foreign service. (JMM) [Transferred from New York Western on 6/26/2019.] |
| Filing 10 RESPONSE to Motion re #9 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens Letter Response in Opposition to Motion for Extension filed by Michele Stewart. (Grantz, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens by Barbara Stewart. (Attachments: #1 Affidavit)(Yankelunas, Edward) [Transferred from New York Western on 6/26/2019.] |
| Filing 8 NOTICE regarding #6 Letter signed by the Honorable Geoffrey W. Crawford on 3/28/2018. (NRE) [Transferred from New York Western on 6/26/2019.] |
| Filing 7 Letter filed by Michele Stewart as to Michele Stewart in response to Plaintiff's Letter, dated March 22, 2018. (Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 6 Letter filed by Barbara Stewart as to Michele Stewart Motion to Dismiss. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 5 NOTICE of Appearance by David B Grantz on behalf of Michele Stewart (Grantz, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 4 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process, Failure to State a Claim and Forum Non Conveniens by Michele Stewart. (Attachments: #1 Memorandum in Support of Defendant's Motion to Dismiss, #2 Affidavit of Michele Stewart, #3 Declaration of David B. Grantz, Esq., #4 Declaration of Jascha Preuss, Esq.)(Pastrikos Kelly, Catherine) [Transferred from New York Western on 6/26/2019.] |
| Filing 3 Summons Issued as to Michele Stewart. (NRE) [Transferred from New York Western on 6/26/2019.] |
| Case Assigned to Hon. Geoffrey Crawford. Notification to Chambers of on-line civil case opening. (NRE) [Transferred from New York Western on 6/26/2019.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(NRE) [Transferred from New York Western on 6/26/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (NRE) [Transferred from New York Western on 6/26/2019.] |
| Filing 2 Original Summons Filed. (Marcus, David) [Transferred from New York Western on 6/26/2019.] |
| Filing 1 COMPLAINT against Michele Stewart $ 400 receipt number 0209-3017919, filed by Barbara Stewart. (Attachments: #1 Civil Cover Sheet)(Marcus, David) [Transferred from New York Western on 6/26/2019.] |
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| Defendant: Michele Stewart | |
| Represented By: | Catherine Pastrikos Kelly |
| Represented By: | David B Grantz |
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| Plaintiff: Barbara Stewart | |
| Represented By: | David P. Marcus |
| Represented By: | Edward P. Yankelunas |
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