Subotovsky et al v. White et al
Hugo Subotovsky and Guido Subotovsky |
Pastor Kyshawn Cedric White, Second Providence Baptist Church and Second Providence Baptist Church, Inc. |
1:2024cv01549 |
February 29, 2024 |
US District Court for the Southern District of New York |
Arun Subramanian |
Assault Libel & Slander |
28 U.S.C. § 1332 ct Diversity-(Citizenship) |
None |
Docket Report
This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
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Filing 21 LETTER addressed to Judge Arun Subramanian from Don M. Tellock, Esq. dated April 26, 2024 re: Oral Argument. Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Moore, Lemar) |
Filing 20 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss for Failure to State a Cause of Action. MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Moore, Lemar) |
Filing 19 DECLARATION of LeMar Moore Esq. in Support re: #18 MOTION to Dismiss for Failure to State a Cause of Action. MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White. (Attachments: #1 Exhibit A - Plaintiffs' Complaint, #2 Exhibit B - Cause of Action Chart of Elements).(Moore, Lemar) |
Filing 18 MOTION to Dismiss for Failure to State a Cause of Action., MOTION to Dismiss for Lack of Jurisdiction .( Responses due by 5/15/2024, Return Date set for 5/22/2024 at 09:30 AM.) Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Moore, Lemar) |
Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Moore, Lemar) |
Filing 16 NOTICE OF APPEARANCE by Lemar Dewayne Moore on behalf of Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Moore, Lemar) |
Filing 15 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT IT IS HERBY STIPULATED and AGREED by and between the undersigned parties in the above-captioned action that the time for Defendants Pastor Kyshawn Cedric White and Second Providence Baptist Church, Inc. ("Defendants") to answer or otherwise respond to the Complaint in this Action is extended to April 26, 2024. IT IS FURTHER STIPULATED and AGREED that Defendants waive all jurisdictional defenses. This stipulation does not constitute a waiver of any further claims, rights, or defenses IT IS FURTHER STIPULATED and AGREED that this stipulation may be filed without further notice. SO ORDERED. Second Providence Baptist Church, Inc. answer due 4/26/2024; Pastor Kyshawn Cedric White answer due 4/26/2024., Motions terminated: #14 JOINT MOTION for Extension of Time to Respond to Complaint. filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White. (Signed by Judge Arun Subramanian on 3/28/2024) (jca) |
Filing 14 JOINT MOTION for Extension of Time to Respond to Complaint. Document filed by Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Braithwaite, Jaamal) |
Filing 13 NOTICE OF APPEARANCE by Jaamal Lamont Braithwaite on behalf of Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Braithwaite, Jaamal) |
Filing 12 NOTICE OF APPEARANCE by Don M. Tellock on behalf of Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(Tellock, Don) |
Filing 11 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Second Providence Baptist Church, Inc. served on 3/6/2024, answer due 3/27/2024. Service was accepted by Pastor Kyshawn Cedric White. Document filed by Hugo Subotovsky; Guido Subotovsky..(Kurland, Adam) |
Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Pastor Kyshawn Cedric White served on 3/6/2024, answer due 3/27/2024. Service was accepted by Pastor Kyshawn Cedric White. Document filed by Hugo Subotovsky; Guido Subotovsky..(Kurland, Adam) |
Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/3/2024 at 01:00 PM before Judge Arun Subramanian. The conference will be held by phone. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 521 993 518, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Arun Subramanian on 3/5/2024) (vfr) |
Filing 8 ELECTRONIC SUMMONS ISSUED as to Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White..(pc) |
Filing 7 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Second Providence Baptist Church, Inc., Pastor Kyshawn Cedric White.Document filed by Hugo Subotovsky, Guido Subotovsky. Related document: #1 Complaint,..(Kurland, Adam) Modified on 3/5/2024 (pc). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adam Keith Kurland to RE-FILE Document No. #7 Amended Complaint,. The filing is deficient for the following reason(s): Correctly refile the initial complaint before filing the Amended Complaint. Re-file the pleading using the event type Amended 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. (pc) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adam Keith Kurland to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (pc) |
Filing 6 ORDER The complaint in this defamation case claims diversity jurisdiction. Dkt. 1 paragraph 2. The complaint alleges residency of the natural persons in the case as well as the principal place of business of the corporate defendant. See id. paragraph 4-7. These allegations are insufficient. There must be complete diversity of citizenship. Natural persons' citizenship is determined by domicile and corporate citizenship is determined by both principal place of business and state of incorporation. By March 8, 2024, at 5:00 p.m., Plaintiffs shall voluntarily dismiss their claims, file an amended complaint correcting these pleading deficiencies, or propose another path forward. SO ORDERED. (Amended Pleadings due by 3/8/2024.) (Signed by Judge Arun Subramanian on 3/4/2024) (jca) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Pastor Kyshawn Cedric White and Second Providence Baptist Church, Inc., re: #1 Complaint,. Document filed by Guido Subotovsky, Hugo Subotovsky..(Kurland, Adam) |
NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Philip M. Halpern is no longer assigned to the case..(tro) |
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Jennifer E. Willis to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only..(tro) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adam Keith Kurland to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (vf) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adam Keith Kurland. The following case opening statistical information was erroneously selected/entered: County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(vf) |
Case Designated ECF. (vf) |
Magistrate Judge Judith C. McCarthy 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. (vf) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Adam Keith Kurland to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name error listed on Summons PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
Filing 4 FILING ERROR - DEFICIENT- SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Pastor Kyshawn Cedric White and Second Providence Baptist Church, Inc., re: #1 Complaint. Document filed by Guido Subotovsky, Hugo Subotovsky..(Kurland, Adam) Modified on 3/1/2024 (vf). |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Guido Subotovsky, Hugo Subotovsky..(Kurland, Adam) |
Filing 2 CIVIL COVER SHEET filed..(Kurland, Adam) |
Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-29015238)Document filed by Hugo Subotovsky, Guido Subotovsky..(Kurland, Adam) Modified on 3/1/2024 (vf). |
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