The Barnes Firm, P.C. v. Goldstein Greco, P.C. et al
| The Barnes Firm, P.C., Cellino Law LLP and Cellino & Barnes, P.C., |
| Goldstein Greco, P.C., Brian Goldstein, Esq. and Alexander Greco, Esq. |
| 1:2023cv00965 |
| September 13, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 TEXT ORDER granting the motion for an extension of time to respond to the plaintiffs' motion to remand, filed by the defendants, Docket Item #9 . Response due 11/30/2023. Reply due 12/15/2023. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/2/2023. (CRT) |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #8 Joint MOTION to Remand to State Court (With Consent) by Goldstein Greco, P.C., Brian Goldstein, Esq., Alexander Greco, Esq.. (Attachments: #1 Memorandum in Support)(Goldstein, Brian) |
| Filing 8 Joint MOTION to Remand to State Court by Cellino & Barnes, P.C.,, Cellino Law LLP, The Barnes Firm, P.C.. (Attachments: #1 Declaration Declaration of Christopher M. Berloth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration Declaration of Richard J. Barnes, #9 Declaration Declaration of Ross M. Cellino, #10 Declaration Declaration of Julia M. Hilliker, #11 Memorandum in Support)(Berloth, Christopher) |
| Filing 7 NOTICE of Appearance by Brian A. Goldstein on behalf of Goldstein Greco, P.C., Brian Goldstein, Esq., Alexander Greco, Esq. (Goldstein, Brian) |
| Filing 6 TEXT ORDER transferring the case from Hon. John L. Sinatra to the Hon. Lawrence J. Vilardo due to a recusal. Signed by Mary C. Loewenguth, Clerk of Court on 10/2/23.(SG) |
| Filing 5 NOTICE of Appearance by Thomas D Lyons on behalf of Cellino & Barnes, P.C.,, The Barnes Firm, P.C. (Lyons, Thomas) |
| Filing 4 NOTICE Concerning Waiver of Judicial Disqualification: Judge Sinatra is recused in this case because partners at his former law firm, Hodgson Russ, serve as trustees of a defined benefit plan that will pay Judge Sinatra a pension benefit upon retirement. That future pension benefit does not depend on Hodgson Russ for its viability, and investment decisions are made by an independent professional. This disqualification is subject to remittal by the parties: the judge may participate in this case if, in light of this disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. Any such remittal agreement should be incorporated in the record of the proceeding. ACTION REQUIRED: Parties waiving recusal shall mail a letter (sample attached) to the Clerk of Court, US District Court for the Western District of New York, 2 Niagara Square, Buffalo, NY 14202. Clerk to Follow-Up (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| 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. (TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing 3 CONTINUATION OF EXHIBITS to #1 Notice of Removal, . (Attachments: #1 Exhibit 25 - Stipulation - Consolidation, #2 Exhibit 26 - Stipulation - Consolidation, #3 Exhibit 27 - Notice of Motion to Dismiss, #4 Exhibit 28 - Affidavit in Support of Motion, #5 Exhibit 29 - Ex. A to Affidavit in Support, #6 Exhibit 30 - Ex. B to Affidavit in Support, #7 Exhibit 31 - Ex. C to Affidavit in Support, #8 Exhibit 32 - Ex. D to Affidavit in Support, #9 Exhibit 33 - Ex. E to Affidavit in Support, #10 Exhibit 34 - Ex. F to Affidavit in Support, #11 Exhibit 35 - Ex. G to Affidavit in Support, #12 Exhibit 36 - Memorandum of Law in Support of Motion, #13 Exhibit 38 - Summons and Complaint, #14 Exhibit 39 - RJI, #15 Exhibit 40 - Addendum - General, #16 Exhibit 41 - Commercial Division Addendum, #17 Exhibit 42 - Acknowledgement of Service, #18 Exhibit 43 - Stipulation - Consolidation, #19 Exhibit 44 - Stipulation - Consolidation)(O'Brien, Donald) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Notice of Removal, . (Attachments: #1 Exhibit 2 - Summons and Complaint, #2 Exhibit 3 - Notice of Appearance, #3 Errata 4 - RJI, #4 Exhibit 5 - Commercial Division Addendum, #5 Exhibit 6 - Affidavit of Service, #6 Exhibit 7 - Affidavit of Service, #7 Exhibit 8 - Affidavit of Service, #8 Exhibit 9 - Demand for Section 511 Change of Venue, #9 Exhibit 10 - Affidavit, #10 Exhibit 11 - Affidavit of Service, #11 Exhibit 12 - Affidavit of Service, #12 Exhibit 13 - Substitution of Attorney, #13 Exhibit 14 - Substitution of Attorney, #14 Exhibit 15 - Amended Complaint, #15 Exhibit 16 - Ex. 1 to Amended Complaint, #16 Exhibit 17 - Ex. 2 to Amended Complaint, #17 Exhibit 18 - Ex. 3 to Amended Complaint, #18 Exhibit 19 - Ex. 4 to Amended Complaint, #19 Exhibit 20 - Ex. 5 to Amended Complaint, #20 Exhibit 21 - Ex. 6 to Amended Complaint, #21 Exhibit 22 - Ex. 7 to Amended Complaint, #22 Exhibit 23 - Ex. 8 to Amended Complaint, #23 Exhibit 24 - Ex. 9 to Amended Complaint)(O'Brien, Donald) |
| E-Filing Notification: re #1 NOTICE OF REMOVAL - Documents required by 28 U.S.C. 1446(a), should be provided to the court in PDF format. Please file using Continuation of Exhibits. (TMK) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Erie County Supreme Court, case number 808360/2023. (Filing fee $ 402 receipt number ANYWDC-4975065), filed by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - NYSCEF Document List (804192/2023), #3 Exhibit 37 - NYSCEF Document List (808360/2023), #4 Exhibit 45 - 3 Schedules of Cases)(O'Brien, Donald) |
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