Dillon et al v. Wells Fargo Securities, LLC
| Michael Dillon and Marc Kafka |
| Wells Fargo Securities L.L.C. |
| 1:2024cv03059 |
| April 22, 2024 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-00684. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Arun Subramanian. 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..(vba) |
| Case Designated ECF. (vba) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Filing 22 TRANSFERRED to the USDC Southern District of New York the electronic record. (jn,) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 21 MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 3/25/2024. Mailed notice(gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: For the reasons explained more fully in the accompanying Memorandum Opinion and Order, the Court grants Defendant's motion #12 and directs the Clerk to transfer this case forthwith to the Southern District of New York. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 19 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 18 Letter regarding case developments in related actions by Wells Fargo Securities, LLC (Houpt, Christopher) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 17 REPLY by Wells Fargo Securities, LLC to MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) #12 , response in opposition to motion, #16 (Defendant Wells Fargo Securities, LLC's Reply in Support of its Motion to Transfer or Stay Proceedings) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 16 RESPONSE by Michael Dillon, Marc Kafkain Opposition to MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) #12 (Plaintiffs' Response in Opposition to Defendant's Motion to Transfer or Stay Action) (Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 15 MINUTE entry before the Honorable John Robert Blakey: The Court grants Christopher Houpt's motion for leave to appear pro hac vice #11 . Defendant's motion to transfer or stay #12 shall be briefed consistent with the Court's prior order #6 and the 4/26/23 Notice of Motion date is stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 14 (Defendant Wells Fargo Securities, LLC's Notice of Motion to Transfer Venue or Stay Proceedings) NOTICE of Motion by Lucia Nale for presentment of motion for miscellaneous relief #12 before Honorable John Robert Blakey on 4/26/2023 at 11:00 AM. (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 13 MEMORANDUM by Wells Fargo Securities, LLC in support of motion for miscellaneous relief #12 (Defendant Wells Fargo Securities, LLC's Memorandum of Law in Support of its Motion to Transfer Venue or Stay Proceedings) (Attachments: #1 Declaration of Christopher J. Houpt, #2 Exhibit A to the Houpt Declaration)(Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 12 MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20543953. (Houpt, Christopher) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: Benjamin Bright and Matthew Fenn's motions for leave to appear pro hac vice #7 and #8 are granted. Defendant's joint motion to defer submission of initial status report is granted and status report deadline is stricken. Counsel is reminded that all motions shall be noticed or may be stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 9 MOTION by Defendant Wells Fargo Securities, LLC(Joint Motion to Defer Submission of Initial Status Report) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20448565. (Fenn, Matthew) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20448245. (Bright, Benjamin) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 6 MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Plaintiff's stipulation and unopposed motion for extension of time #5 , which is granted and any answer shall be filed on or before 4/17/2023. Should Defendant move to transfer this case to the Southern District of New York on or before 4/17/2023, Plaintiff shall file a response to the motion on or before 5/17/2023; reply shall be filed on or before 6/2/2023. Counsel is reminded that all motions shall be filed correctly using the motion event and all motions shall also be presented for hearing based upon Judge Blakey's standing order and dates located on his webpage. Any failure to properly file or notice motions may result in the motion being stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 5 STIPULATION and Unopposed Motion for Extension of Time to Respond to Complaint (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 4 ATTORNEY Appearance for Defendant Wells Fargo Securities, LLC by Lucia Nale (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 3 SUMMONS Returned Executed by Michael Dillon, Marc Kafka as to Wells Fargo Securities, LLC on 2/7/2023, answer due 2/28/2023. (Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 2 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 3/20/2023, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.] |
| SUMMONS Issued as to Defendant Wells Fargo Securities, LLC (lm, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 1 COMPLAINT (Class Action) filed by Michael Dillon, Marc Kafka; Jury Demand. Filing fee $ 402, receipt number AILNDC-20315769. (Attachments: #1 Exhibit 1-2, #2 Civil Cover Sheet)(Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.] |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (smb, ) [Transferred from Illinois Northern on 4/22/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) [Transferred from Illinois Northern on 4/22/2024.] |
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