Daniel J. Ventricelli v. Nicklin et al

DocketCase transferred from New York Northern has been opened in Southern District of New York as case 7:20-cv-00317, filed 01/14/2020. (jmb) (Entered: 01/22/2020)

Docket(#48) DECISION AND ORDER that Defendant Gorguze's motion to remand this action to state court (Dkt. No. #25 ) is DENIED. Defendant Riverlife's motion to transfer venue to the Southern District of New York (Dkt. No. #30 ) is GRANTED. Signed by Chief Judge Glenn T. Suddaby on 1/13/2020. (sal ) (Entered: 01/13/2020)

Docket(#47) ORDER approving #46 Stipulation Substituting Plaintiff and Amending Caption. The Trustee is substituted for C.L. King as the plaintiff in the referenced actions, and C.L. King shall no longer be a party to the cases. The Trustee shall be deemed the successor in interest to all pleadings and other papers heretofore filed by C.L. King, and such pleadings and papers shall be treated as having been filed by the Trustee, unless and until amended or withdrawn by the Trustee in accordance with the applicable Federal Rules of Civil Procedure and the Local Rules of this Court. The Trustee acknowledges that the undersigned counsel for C.L. King has asserted a lien, pursuant to section 475 of the New York Judiciary Law, on the claims for relief asserted by C.L. King in the above actions. The Trustee and the undersigned counsel for C.L. King agree that such lien shall continue to attach to such claims for relief notwithstanding the substitution provided for herein, that the determination of the validity and extent of such lien shall be deferred, and that any controversy arising from or related to such lien shall be determined by the Bankruptcy Court. The clerk is respectfully requested to amend the captions to identify the plaintiff as "Daniel J. Ventricelli, as Trustee of the Bankruptcy Estate of William F. Nicklin, Debtor" as the plaintiff. Upon the amendment of the captions, all further papers filed in these actions shall use the caption identifying the plaintiff as "Daniel J. Ventricelli, as Trustee of the Bankruptcy Estate of William F. Nicklin, Debtor" or an appropriate abbreviation thereof. Signed by Chief Judge Glenn T. Suddaby on 10/18/2019. (sal, ) (Entered: 10/18/2019)

Docket(#46) STIPULATION and Proposed Order Substituting Plaintiff and Amending Caption by Daniel J Ventricelli, Trustee submitted to Judge Glenn T. Suddaby. (Ostrow, Alec) (Entered: 10/18/2019)

Docket(#45) TEXT ORDER striking #44 Multi-Pack's Notice for each of three alternative reasons: (1) Multi-Pack's opposition to Riverlife's motion to transfer (Dkt. No. #30 ) was due by the end of 9/16/2019 (Dkt. No. 37 ); (2) a party may not file a reply to a response unless that party has filed the motion to which the response was filed, cf. N.D.N.Y. L.R. 7.1(b)1; and (3) in this Court, a party may not incorporate by reference another party's motion papers, see, e.g., Topliff v. Wal-Mart Stores East LP, No. 04-CV-0297, 2007 WL 911891, at *9 n.65 (N.D.N.Y. Mar. 22, 2007) (Lowe, M.J.); accord, Douglas v. New York State Adirondack Park Agency, No. 10-CV-0299, 2012 WL 3999763, at *26 & n.32 (N.D.N.Y. Sept. 11, 2012) (Suddaby, J.); Nissan Motor Acceptance Corp. v. Dealmaker Nissan, LLC, No. 09-CV-0196, 2012 WL 2522651, at *2 (N.D.N.Y. June 27, 2012) (Suddaby, J.). SO ORDERED by Chief Judge Glenn T. Suddaby on 9/24/2019. (sal ) (Entered: 09/24/2019)

Docket(#44) *STRICKEN PER TEXT ORDER ENTERED ON 9/24/2019* NOTICE by Multi-Pack Holdings, LLC re #43 Reply to Response to Motion, #40 Response in Opposition to Motion /Notice of Joinder (Nagi, Jason) Modified on 9/24/2019 (sal ). (Entered: 09/23/2019)

Docket(#43) REPLY to Response to Motion re #25 MOTION to Remand to State Court filed by Lynn E. Gorguze. (Weiner, Daniel) (Entered: 09/23/2019)

Docket(#42) REPLY to Response to Motion re #30 MOTION to Transfer Case to the Southern District of New York filed by Riverlife Investment Holdings LLC. (Attachments: #1 Declaration of Jorian Rose, #2 Exhibit(s) 1 - Settlement Agreement)(Rose, Jorian) (Entered: 09/23/2019)

Docket(#41) AFFIDAVIT in Opposition re #30 MOTION to Transfer Case to the Southern District of New York filed by Lynn E. Gorguze. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G)(Weiner, Daniel) (Entered: 09/16/2019)

Docket(#40) RESPONSE in Opposition re #30 MOTION to Transfer Case to the Southern District of New York filed by Lynn E. Gorguze. (Weiner, Daniel) (Entered: 09/16/2019)

Docket(#10) NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney Michael Sabella. Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Sabella by regular mail} (jmb) (Entered: 02/20/2019)

Docket(#9) NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney John Siegal. Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Siegal by regular mail} (jmb) (Entered: 02/20/2019)

Docket(#8) NOTICE OF ADMISSION REQUIREMENT: as to Party William F. Nicklin and Riverlife Investment Holdings LLC; Attorney Molly Tranbaugh, Phone number is 212-589-4200. Admissions due by 3/6/2019. {Copy sent to Atty Tranbaugh by regular mail} (jmb) (Entered: 02/20/2019)

Docket(#7) NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Daniel M. Nuzzaci, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Nuzzaci by regular mail} (jmb) (Entered: 02/20/2019)

Docket(#6) NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Dustin P. Smith, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Smith by regular mail} (jmb) (Entered: 02/20/2019)

Docket(#5) NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant Lynn E. Gorguze; Attorney Daniel H. Weiner, Phone number is (212) 837-6000. Admissions due by 3/6/2019. (jmb) {Copy sent to Atty Weiner by regular mail} (Entered: 02/20/2019)

Docket(#4) FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by Riverlife Investment Holdings LLC stating that no parent corporation exists and no publicly held corporation owns 10% or more of its stock. (jmb) (Entered: 02/20/2019)

Docket(#3) STATE COURT ANSWER: filed by William F. Nicklin and Riverlife Investment Holdings LLC. (jmb) (Entered: 02/20/2019)

Docket(#2) STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by Riverlife Investment Holdings LLC. (jmb) (Entered: 02/20/2019)

Docket(#1) NOTICE OF REMOVAL: from NYS Supreme Court, Albany County, case number 906084-17 (Filing fee $400 receipt number ANYNDC-4655896) filed by defendant Riverlife Investment Holdings LLC. (Attachments: #1 Exhibit 1 - State Court Summons & Complaint, #2 Exhibit 2 - Petition for Bankruptcy, #3 Exhibit 3 - Motion to Dismiss, #4 Exhibit 4 - Stipulation, #5 Exhibit 5 - Order, #6 Exhibit 6 - Notice of Entry, #7 Exhibit 7 - Affidavits of Service, #8 Exhibit 8 - Response to Motion, #9 Exhibit 9 - Reply to Motion, #10 Exhibit 10 - Stipulation & Consent to E-Filing, #11 Exhibit 11 - State Court document summary, #12 Exhibit 12 - Notice of Cross Motion, #13 Exhibit 13 - Decision & Order, #14 Exhibit 14 - Notice of Entry, #15 Exhibit 15 - Answer to Complaint by defts William F. Nicklin nad Riverlife Investment Holdings LLC, #16 Exhibit 16 - Multi-Pack Reply, #17 Exhibit 17 - Lynn E. Gorguze Reply, #18 Civil Cover Sheet) (jmb) (Entered: 02/20/2019)