Parfinim NV v. Tellez
| Parfinim NV |
| Warden Heriberto Tellez and Rachel Thompson |
| Aiden Fine Arts, Inc. |
| 4:2022cv01102 |
| July 14, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| William I Arbuckle |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 25
ORDER TERMINATING CASE - IT IS HEREBY ORDERED that having been notified by Petitioner that the relief he requested has been granted by agreement of the parties (Doc. 24), the Clerk of Court is DIRECTED to CLOSE this case. Signed by Magistrate Judge William I. Arbuckle on 11/9/2022. (caw)
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| Filing 24 Letter from Richard E. Lerner, in behalf of Parfinim NV advising of mootness of petition / proceeding. (Lerner, Richard) |
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Filing 23
ORDER re #22 Letter - it is ORDERED that: (1) Petitioner will file a status report with the Court on or before November 22, 2022. In lieu of a status report, Petitioner can file a stipulation of dismissal. If Mr. Philbricks deposition is delayed, or unforeseen issues arise, Petitioner shall update the Court through this status report. (2) All briefing deadlines are stayed until November 22, 2022. (3) All pro hac vice or attorney admissions deadlines are stayed until November 22, 2022. Signed by Magistrate Judge William I. Arbuckle on 9/23/2022. (caw)
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| Filing 22 Letter from Parfinim NV re status of deposition of inmate Inigo Philbrick. (Lerner, Richard) |
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Filing 21
ORDER - it is ORDERED that: (1) Petitioner will file a status report with the Court on or before 9/22/2022. In lieu of a status report, Petitioner can file a stipulation of dismissal. If Mr. Philbrick's deposition is delayed, or unforeseen issues arise, Petitioner shall update the Court through this status report. (2) All briefing deadlines are stayed until 9/22/2022. (3) All pro hac vice or attorney admissions deadlines are stayed until 9/22/2022. (Status Report due by 9/22/2022). Signed by Magistrate Judge William I. Arbuckle on 7/28/2022. (caw)
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| Filing 20 Letter from Richard E. Lerner advise re status / request that matter be held in abeyance. (Lerner, Richard) |
| Filing 19 NOTICE of Appearance by Richard E. Lerner on behalf of Parfinim NV (Lerner, Richard) |
| Filing 18 Case transferred electronically in from District of New York Southern; Case Number 1:22-cv-05260 containing electronic documents. |
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Filing 17
STIPULATION AND ORDER TO TRANSFER VENUE: NOW, THEREFORE, IT IS STIPULATED AND AGREED, by and between counsel for the parties, that: 1. Warden Rachel Thompson shall be substituted as respondent in place of Warden Heriberto Tellez. 2. This case shall be transferred, pursuant to 28 U.S.C. 1404(a), to the United States District Court for the Middle District of Pennsylvania. 3. This Stipulation and Order to Transfer Venue shall not be construed as addressing the merits of this action or any other issue besides venue and substitution of respondent. 4. This Stipulation and Order to Transfer Venue contains the entire agreement between the parties, and no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 5. Upon transfer, this case shall be terminated on the docket. All forthcoming deadlines and hearings are hereby vacated. So Ordered. Rachel Thompson added. Heriberto Tellez (Federal Bureau of Prisons, Metropolitan Detention Center, Brooklyn, New York, as Custodian of INIGO PHILBRICK, Inmate No. 05863-093) terminated. (Signed by Magistrate Judge Barbara C. Moses on 7/13/2022) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/14/2022.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Pennsylvania. (vfr) [Transferred from New York Southern on 7/14/2022.] |
| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Heriberto Tellez..(O'Gallagher, Alyssa) [Transferred from New York Southern on 7/14/2022.] |
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Filing 15
ORDER granting #14 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for July 13, 2022 is ADJOURNED sine die. The parties shall submit their proposed transfer order by July 20, 2022. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/12/2022) (vfr) [Transferred from New York Southern on 7/14/2022.]
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| Filing 14 LETTER MOTION to Adjourn Conference In Light of Agreement to Transfer addressed to Magistrate Judge Barbara C. Moses from Alyssa B. O'Gallagher dated July 11, 2022. Document filed by Heriberto Tellez..(O'Gallagher, Alyssa) [Transferred from New York Southern on 7/14/2022.] |
| Filing 13 LETTER addressed to Magistrate Judge Barbara C. Moses from Richard E. Lerner dated July 7, 2022 re: response to court's June 27, 2022 sua sponte inquiry. Document filed by Parfinim NV..(Lerner, Richard) [Transferred from New York Southern on 7/14/2022.] |
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Filing 12
ORDER granting #11 LETTER MOTION for Extension of Time. Application GRANTED. SO ORDERED. Motions due by 7/11/2022. (Signed by Magistrate Judge Barbara C. Moses on 7/7/2022) (jca) [Transferred from New York Southern on 7/14/2022.]
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| Filing 11 LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Alyssa B. O'Gallagher dated July 6, 2022. Document filed by Heriberto Tellez..(O'Gallagher, Alyssa) [Transferred from New York Southern on 7/14/2022.] |
| Filing 10 AFFIDAVIT OF SERVICE of summons, petition for writ of habeas corpus ad testifcandum, and Magistrate Moses's order of June 27, 2022 served on respondent Warden Tellez on 06/27/2022. Service was accepted by AUSA Jeffrey Ostreicher. Service was made by Email. Document filed by Parfinim NV..(Lerner, Richard) [Transferred from New York Southern on 7/14/2022.] |
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Filing 9
ORDER: ORDERED that Parfinim and Aiden shall appear through counsel for a telephonic conference on July 13, 2022, at 11:00 a.m., to discuss the issues set forth above. The parties must call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance. It is further ORDERED that counsel for Parfinim shall promptly serve copies of this Order on the Bureau of Prisons (BOP), though the Legal Department at the MDC, and the Civil Division of the United States Attorney's Office (USAO) in this District, and shall request that a representative of the BOP and/or the USAO attend the conference so that the Court may have the benefit of their views. It is further ORDERED that any party or government agency wishing to file a letter- brief addressing the questions set forth above may do so no later than July 7, 2022. Motions due by 7/7/2022. Telephone Conference set for 7/13/2022 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/27/2022) (rro) [Transferred from New York Southern on 7/14/2022.]
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| Filing 8 NOTICE OF APPEARANCE by Jenny Chenying Gu on behalf of Aiden Fine Arts, Inc...(Gu, Jenny) [Transferred from New York Southern on 7/14/2022.] |
| Filing 7 NOTICE OF APPEARANCE by Katherine Lane Wilson-Milne on behalf of Aiden Fine Arts, Inc...(Wilson-Milne, Katherine) [Transferred from New York Southern on 7/14/2022.] |
| Filing 6 NOTICE OF APPEARANCE by Steven R. Schindler on behalf of Aiden Fine Arts, Inc...(Schindler, Steven) [Transferred from New York Southern on 7/14/2022.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Heriberto Tellez..(gp) [Transferred from New York Southern on 7/14/2022.] |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Colleen McMahon on 6/23/2022) (ate) [Transferred from New York Southern on 7/14/2022.]
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| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Warden Heriberto Tellez, re: #1 Petition for Writ of Habeas Corpus,. Document filed by Parfinim NV..(Lerner, Richard) [Transferred from New York Southern on 7/14/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Lerner, Richard) [Transferred from New York Southern on 7/14/2022.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard E. Lerner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:706; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1346; the County code has been modified to XX Out of U.S.;. (jgo) [Transferred from New York Southern on 7/14/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard E. Lerner to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately; the PDF attached to the docket entry for the civil cover sheet is not correct; Nature of Suit code was not selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 7/14/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard E. Lerner. The party information for the following party/parties has been modified: Warden Heriberto Tellez. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo) [Transferred from New York Southern on 7/14/2022.] |
| Magistrate Judge Barbara C. Moses 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) [Transferred from New York Southern on 7/14/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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) [Transferred from New York Southern on 7/14/2022.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 7/14/2022.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-26314946)Document filed by Parfinim NV. (Attachments: #1 Civil Cover Sheet Civil Cover sheet, for writ of habeas corpus ad testificandum, to direct Warden Heriberto Tellez to produce INIGO PHILBRICK for deposition).(Lerner, Richard) [Transferred from New York Southern on 7/14/2022.] |
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