West Coast Business Capital, LLC v. Horizon Personnel Services Inc. et al
| West Coast Business Capital, LLC |
| Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group, StaffChex Inc, Yellowstone Capital, LLC, Yitzhak Stern, Yellowstone Capital West, LLC, StaffChex Management Group, Inc., BMF Capital LLC, Gabe Isaacov, Horizon Personnel Services Inc. and Tsvi H. Davis |
| 1:2019cv01655 |
| December 10, 2019 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| William M Skretny |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on January 27, 2020. A more recent docket listing may be available from PACER.
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| Case transferred to Southern District of New York as case 1:20-cv-00700, filed 01/27/2020. (KM) |
| Case transferred to Southern District New York; (KM) |
| Filing 27 TEXT ORDER On December 10, 2019, Defendants #1 removed this breach-of-contract action from the New York Supreme Court, County of Erie. Shortly thereafter, they filed an #8 answer and then #11 moved to change venue and transfer this action to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404 (a). Plaintiff does not oppose Defendants' motion and consents to this case being transferred to the Southern District. (Reply Affidavit of Joseph Capobianco, Docket No. 26, Exhibit A.)Having reviewed Defendants' #11 motion, this Court finds that the convenience of the parties and witnesses and the interests of justice are best served by changing venue to the Southern District of New York for the reasons stated therein. Accordingly, this action will be transferred to the Southern District of New York pursuant to 28 U.S.C. 1404 (a).IT HEREBY IS ORDERED, that Defendants' unopposed #11 Motion to Change Venue is GRANTED.FURTHER, that the Clerk of Court is directed to TRANSFER this action to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404 (a) and then CLOSE this case.FURTHER, that all deadlines are STAYED pending transfer of this case. SO ORDERED.Issued by William M. Skretny, United States District Judge on 1/9/2020. (JCM)-CLERK TO FOLLOW UP- |
| Filing 26 REPLY/RESPONSE to re #11 MOTION to Change Venue (unopposed and on consent) and request to waive RICO Case Statement requirement filed by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Attachments: #1 Exhibit A (email from Plaintiff's counsel consenting to transfer venue))(Giunta, Lisa) |
| Filing 25 TEXT REFERRAL ORDER. Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 1/6/2020. (JCM) |
| Filing 24 TEXT ORDER OF RECUSAL: Due to a conflict, I hereby recuse myself from further involvement in this matter and ask the Clerk of the Court to reassign this matter to another magistrate judge. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 1/3/2020. (LMG)-CLERK TO FOLLOW UP- |
| Filing 23 TEXT ORDER. IT HEREBY IS ORDERED, that for good cause shown, Defendants' #17 Motion for a Nunc Pro Tunc Order extending their time to file the RICO Case Statement required by Rule 9 of the Local Rules of Civil Procedure is GRANTED. Defendants must file their statement by January 10, 2020. Issued by William M. Skretny, United States District Judge on 1/2/2020. (JCM) |
| Filing 22 TEXT ORDER setting 1/31/2020 deadline to amend complaint and 2/21/202 deadline to answer or otherwise respond to the amended complaint. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 12/27/2019. (KER) |
| Filing 21 AFFIDAVIT re #18 Notice of Appearance, #19 Notice of Appearance Certificate of Service by West Coast Business Capital, LLC. (Wells, Steven) |
| Filing 20 Letter filed by West Coast Business Capital, LLC as to Yellowstone Capital, LLC, Yellowstone Capital West, LLC, StaffChex Inc, Horizon Personnel Services Inc., Tsvi H. Davis, BMF Capital LLC, StaffChex Management Group, Inc., Gabe Isaacov, Charlene Anne Garza, Yitzhak Stern Letter to Hon. H. Kenneth Schroeder Jr.. (Wells, Steven) |
| Filing 19 NOTICE of Appearance by James Jude Zawodzinski on behalf of West Coast Business Capital, LLC (Zawodzinski, James) |
| Filing 18 NOTICE of Appearance by Steven W. Wells on behalf of West Coast Business Capital, LLC (Wells, Steven) |
| Filing 17 First MOTION for Extension of Time to File RICO Case Statement pursuant to Local Rule 9, nunc pro tunc, by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Attachments: #1 Affidavit of Joseph Capobianco, Esq. in support, #2 Affidavit of Service)(Capobianco, Joseph) |
| E-Filing Notification regarding #14 MOTION for Extension of Time to File. Action required. The assigned Judge does not accept e-filed letter motions. Reformat the document and re-file it using the motion event. (KM) |
| E-Filing Notification regarding #12 MOTION. Incorrect event used to electronically file document. For future reference, use (Memorandum in Support) event. No action required. (KM) |
| Filing 16 SCHEDULING NOTICE on Defendants' #11 Motion to Change Venue. Responses due by 1/6/2020. Replies due by 1/13/2020. Oral Argument will be scheduled by the Court if necessary. (JCM) |
| Filing 15 AFFIDAVIT re #13 Corporate Disclosure Statement (Rule 7.1 Statement) by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Capobianco, Joseph) |
| Filing 14 MOTION for Extension of Time to File a RICO Case Statement until January 10, 2010 by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc..(Capobianco, Joseph) |
| Filing 13 Corporate Disclosure Statement by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Capobianco, Joseph) |
| Filing 12 Memorandum of Law in Support of Defendants' Motion to Transfer Venue by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Attachments: #1 Certificate of Service Memorandum of Law in Support of Defendants' Motion to Transfer Venue)(Capobianco, Joseph) Modified document title on 12/23/2019 (KM). |
| Filing 11 MOTION to Change Venue by Charlene Anne Garza, Horizon Personnel Services Inc., StaffChex Inc, StaffChex Management Group, Inc.. (Attachments: #1 Affidavit of Joseph Capobianco, Esq. in Support of Defendants/Counterclaim Plaintiffs' Motion to Transfer Venue Pursuant to 28 USC Section 1404(A), #2 Exhibit A - Notice of Removal, #3 Exhibit B - Answer, #4 Certificate of Service re Defendants/Counterclaim Plaintiffs' Notice of Motion to Transfer Venue with Affidavit in Support and Exhibits)(Capobianco, Joseph) |
Filing 10
ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 12/19/19. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
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| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 9 TEXT REFERRAL ORDER. Hon. H. Kenneth Schroeder, Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 12/18/2019. (JCM) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Filing 8 Verified ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against West Coast Business Capital, LLC, Yellowstone Capital West, LLC, Yellowstone Capital, LLC, Tsvi H. Davis, Yitzhak Stern, BMF Capital LLC, Gabe Isaacov by Horizon Personnel Services Inc., Charlene Anne Garza, StaffChex Management Group, Inc., StaffChex Inc. (Attachments: #1 Exhibit A (New York State DOS Filings), #2 Exhibit B (Y-Capp Class Action), #3 Exhibit C (Decision 11.19.19), #4 Civil Cover Sheet Amended Civil Cover Sheet with Addendum)(Chen, Joanna) |
| Filing 7 TEXT ORDER. IT HEREBY IS ORDERED THAT the #4 #5 #6 Motions for Admission Pro Hac Vice of Joseph Capobianco, Cheryl Berger, and Lisa Ann Giunta are GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 12/11/2019. (JCM) |
| Verified admission to the New York State Bar for Attorney Cheryl L. Berger. (MD) |
| Verified admission to the New York State Bar for Attorney Joseph Capobianco. (MD) |
| Verified admission to the New York State Bar for Attorney Lisa Ann Giunta. (MD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(CGJ) |
| Case assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (CGJ) |
| 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. (CGJ) |
| Filing 6 MOTION to appear pro hac vice Lisa Ann Giunta, Esq. ( Filing fee $ 150 receipt number 0209-3677205.) by Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group. (Attachments: #1 Petition for Admission of Lisa Ann Giunta, #2 Attorney Oath, #3 Civility Oath, #4 ECF Registration, #5 Attorney Database Form, #6 Sponsoring Affidavit of Joanna J. Chen)(Chen, Joanna) |
| Filing 5 MOTION to appear pro hac vice Cheryl L. Berger, Esq. ( Filing fee $ 150 receipt number 0209-3677204.) by Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group. (Attachments: #1 Petition for Admission of Cheryl L. Berger, #2 Attorney Oath, #3 Civility Oath, #4 ECF Registration, #5 Attorney Database Form, #6 Sponsoring Affidavit of Joanna J. Chen)(Chen, Joanna) |
| Filing 4 MOTION to appear pro hac vice Joseph Capobianco, Esq. ( Filing fee $ 150 receipt number 0209-3677203.) by Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group. (Attachments: #1 Petition for Admission of Joseph Capobianco, #2 Attorney Oath, #3 Civility Oath, #4 ECF Registration, #5 Attorney Database Form, #6 Sponsoring Affidavit of Joanna J. Chen)(Chen, Joanna) |
| Filing 3 NOTICE of Appearance by Edward S. Bloomberg on behalf of Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group (Bloomberg, Edward) |
| Filing 2 NOTICE of Appearance by Joanna Jung-Yao Chen on behalf of Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Inc d/b/a StaffChex, StaffChex Management Group, Inc. d/b/a StaffChex Management Group (Chen, Joanna) |
| Filing 1 NOTICE OF REMOVAL by Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Management Group, Inc. d/b/a StaffChex Management Group, StaffChex Inc d/b/a StaffChex from NYS Supreme Court, Erie County, case number 814881/2019. (Filing fee $ 400 receipt number 0209-3677153), filed by Charlene Anne Garza, Horizon Personnel Services Inc. d/b/a Horizon Personnel Services, StaffChex Management Group, Inc. d/b/a StaffChex Management Group, StaffChex Inc d/b/a StaffChex. (Attachments: #1 Exhibit A (Notice of Removal - Quanli Dong, DDS et al v. Complete Business Solutions), #2 Exhibit B (State Court Index), #3 Exhibit C (State Court Pleadings), #4 Civil Cover Sheet, #5 Affidavit of Service)(Chen, Joanna) |
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