SWK Funding LLC v. Best ABT, Inc.
| SWK FUNDING LLC |
| Best ABT, Inc. |
| 1:2023cv06953 |
| August 7, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 ds Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 21
STIPULATION AND ORDER: WHEREAS, the Court, upon consideration of the Defendant's Motion, the Parties' agreement, the record, and applicable authorities, hereby ORDERS that Defendant's Motion shall be: GRANTED IN PART, and that this action be, and is hereby, TRANSFERRED to the United States District Court for the District of Delaware. The Court ORDERS that Defendant's motion, in all other respects, be, and is hereby, DENIED. The Clerk of Court shall take the necessary steps to transfer this action in accordance with normal procedures. Motions terminated: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative. filed by Best ABT, Inc. (Signed by Judge Denise L. Cote on 10/6/2023) (vfr) Transmission to Office of the Clerk of Court for processing.
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Best ABT, Inc...(Silberfarb, Michael) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(vfr) |
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Filing 19
ORDER Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 20, 2023. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by October 20, 2023. Defendant's reply, if any, shall be filed by October 27. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that, pursuant to Rule 4(8) of the Court's Individual Rules of Practice in Civil Cases, the plaintiff shall file on ECF, by October 20, a letter no longer than two pages explaining the basis for its belief that diversity of citizenship exists. (Amended Pleadings due by 10/20/2023., Replies due by 10/27/2023., Responses due by 10/20/2023) (Signed by Judge Denise L. Cote on 10/3/2023) (jca)
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| Filing 18 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative. . Document filed by Best ABT, Inc...(Silberfarb, Michael) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Best ABT, Inc...(Silberfarb, Michael) |
| Filing 16 DECLARATION of Michael D. Silberfarb in Support re: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative.. Document filed by Best ABT, Inc.. (Attachments: #1 Exhibit A - APA, #2 Exhibit B - Royalty and Security Agreement, #3 Exhibit C - Draft Communications, #4 Proposed Order to Dismiss/Transfer Venue).(Silberfarb, Michael) |
| Filing 15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds., MOTION to Transfer Case in the Alternative. Document filed by Best ABT, Inc...(Silberfarb, Michael) |
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time to File Response/Reply re #13 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Complaint. addressed to Judge Denise L. Cote from Michael D. Silberfarb, Esq. dated 08/28/2023. Granted. (Signed by Judge Denise L. Cote on 8/28/2023) (ama)
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| Filing 13 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Complaint addressed to Judge Denise L. Cote from Michael D. Silberfarb, Esq. dated 08/28/2023. Document filed by Best ABT, Inc...(Silberfarb, Michael) |
| Set/Reset Deadlines: Best ABT, Inc. answer due 9/29/2023. (ama) |
| Filing 12 NOTICE of Notice of Proof of Service, as required by the Courts Notice of Initial Pretrial Conference [Dkt. 10] re: #10 Order for Initial Pretrial Conference. Document filed by SWK Funding LLC. (Attachments: #1 Exhibit 1 -- Aug. 22, 2023 letter).(Schulte, David) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Best ABT, Inc. served on 8/10/2023, answer due 8/31/2023. Service was accepted by Tiffany Davis, HR Manager. Document filed by SWK Funding LLC..(Schulte, David) |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/11/2023 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/8/2023) (tg) |
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Filing 9
ORDER granting #4 Motion for David C. Schulte to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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| Filing 8 DEMAND for Trial by Jury. Document filed by SWK Funding LLC.(Schulte, David) |
| Filing 7 COMPLAINT against Best ABT, Inc.. Document filed by SWK Funding LLC. (Attachments: #1 Exhibit 1 -- agreement).(Schulte, David) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Best ABT, Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David C. Schulte to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for David C. Schulte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28113817. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David C. Schulte. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Best ABT, Inc., re: #1 Complaint. Document filed by SWK FUNDING LLC..(Schulte, David) |
| Filing 4 MOTION for David C. Schulte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28113817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SWK FUNDING LLC. (Attachments: #1 Exhibit 1 -- Declaration of David C. Schulte, #2 Exhibit 2 -- Supreme Court of Texas Certificate of Good Standing, #3 Proposed Order Proposed Order).(Schulte, David) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SWK Holdings Corporation for SWK FUNDING LLC. Document filed by SWK FUNDING LLC..(Schulte, David) |
| Filing 2 CIVIL COVER SHEET filed..(Schulte, David) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against SWK FUNDING LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28113425)Document filed by SWK FUNDING LLC. (Attachments: #1 Exhibit 1 -- agreement).(Schulte, David) Modified on 8/8/2023 (jgo). |
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| Plaintiff: SWK FUNDING LLC | |
| Represented By: | David C. Schulte |
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| Defendant: Best ABT, Inc. | |
| Represented By: | Michael David Silberfarb |
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