Dillon et al v. Wells Fargo Securities, LLC
| New York Southern District Court | |
| Judge: | Arun Subramanian |
| Case #: | 1:24-cv-03059 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332fr Diversity-Fraud |
| Case Filed: | Apr 22, 2024 |
| Case in other court: | Illinois Northern, 1:23-cv-00684 |
| Last checked: Monday Apr 22, 2024 3:14 PM EDT |
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Defendant
Wells Fargo Securities L.L.C.
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Represented By
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Plaintiff
Michael Dillon
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Represented By
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Plaintiff
Marc Kafka
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Represented By
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| Docket last updated: 05/07/2024 11:59 PM EDT |
| Friday, April 26, 2024 | ||
| 26 | 26
order
Memo Endorsement
Fri 04/26 5:13 PM
MEMO ENDORSEMENT on re:25 Letter filed by Michael Dillon, Marc Kafka. ENDORSEMENT: This case is STAYED pending the resolution of the appeal mentioned above. The parties shall update the Court on the status of the appeal every 90 days, starting July 26, 2024. SO ORDERED. (Signed by Judge Arun Subramanian on 4/26/2024) (vfr) |
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| 25 | 25
misc
Letter
Fri 04/26 11:06 AM
LETTER addressed to Judge Arun Subramanian from Mark C. Rifkin dated Apr. 26, 2024 re: Order dated Apr. 23, 2024. Document filed by Michael Dillon, Marc Kafka..(Rifkin, Mark) |
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utility
Case Stayed
Fri 04/26 5:14 PM
Case Stayed (vfr) |
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| Tuesday, April 23, 2024 | ||
| 24 | 24
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order
Order
Tue 04/23 12:55 PM
ORDER. By April 29, 2024, Plaintiffs shall submit a letter, not exceeding three pages, showing cause why this case should not be stayed pending the resolution of that appeal. By the same date, Defendant may submit a letter, not exceeding three pages, expressing its position on a stay pending the appeal.SO ORDERED. (Signed by Judge Arun Subramanian on 4/23/24) (yv) |
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| Monday, April 22, 2024 | ||
| 23 | 23
transfer
Case Transferred In - District Transfer
Mon 04/22 2:52 PM
CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-00684. Original file certified copy of transfer order and docket entries received. |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Mon 04/22 2:53 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Arun Subramanian. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vba) |
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utility
Case Designated ECF
Mon 04/22 2:53 PM
Case Designated ECF. (vba) |
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utility
Case Designation
Mon 04/22 2:53 PM
Magistrate Judge Barbara C. Moses 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba) |
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misc
Note to Out of State Attorneys
Mon 04/22 2:54 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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| Monday, April 01, 2024 | ||
| 22 | 22
TRANSFERRED to the USDC Southern District of New York the electronic record. (jn,) [Transferred from Illinois Northern on 4/22/2024.]
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| Monday, March 25, 2024 | ||
| 21 | 21
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pgs
MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 3/25/2024. Mailed notice(gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| 20 | 20
MINUTE entry before the Honorable John Robert Blakey: For the reasons explained more fully in the accompanying Memorandum Opinion and Order, the Court grants Defendant's motion12 and directs the Clerk to transfer this case forthwith to the Southern District of New York. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Thursday, December 28, 2023 | ||
| 19 | 19
ANNUAL REMINDER: Pursuant to[LINK:Local Rule 3.2 (Notification of Affiliates)] [LINK:, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this] [LINK:LINK] [LINK:will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Wednesday, September 20, 2023 | ||
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Letter regarding case developments in related actions by Wells Fargo Securities, LLC (Houpt, Christopher) [Transferred from Illinois Northern on 4/22/2024.]
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| Friday, June 02, 2023 | ||
| 17 | 17
REPLY by Wells Fargo Securities, LLC to MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) 12 , response in opposition to motion,16 (Defendant Wells Fargo Securities, LLC's Reply in Support of its Motion to Transfer or Stay Proceedings) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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| Wednesday, May 17, 2023 | ||
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RESPONSE by Michael Dillon, Marc Kafkain Opposition to MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) 12 (Plaintiffs' Response in Opposition to Defendant's Motion to Transfer or Stay Action) (Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.]
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| Friday, April 21, 2023 | ||
| 15 | 15
MINUTE entry before the Honorable John Robert Blakey: The Court grants Christopher Houpt's motion for leave to appear pro hac vice11 . Defendant's motion to transfer or stay12 shall be briefed consistent with the Court's prior order6 and the 4/26/23 Notice of Motion date is stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Monday, April 17, 2023 | ||
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(Defendant Wells Fargo Securities, LLC's Notice of Motion to Transfer Venue or Stay Proceedings) NOTICE of Motion by Lucia Nale for presentment of motion for miscellaneous relief12 before Honorable John Robert Blakey on 4/26/2023 at 11:00 AM. (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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MEMORANDUM by Wells Fargo Securities, LLC in support of motion for miscellaneous relief12 (Defendant Wells Fargo Securities, LLC's Memorandum of Law in Support of its Motion to Transfer Venue or Stay Proceedings)(Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1
Declaration of Christopher J. Houpt,
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Att: 2
Exhibit A to the Houpt Declaration
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| 12 | 12
MOTION by Defendant Wells Fargo Securities, LLC to Transfer Venue or Stay Proceedings (Defendant Wells Fargo Securities, LLC's Motion to Transfer Venue or Stay Proceedings) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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| Friday, April 14, 2023 | ||
| 11 | 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20543953. (Houpt, Christopher) [Transferred from Illinois Northern on 4/22/2024.]
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| Tuesday, March 21, 2023 | ||
| 10 | 10
MINUTE entry before the Honorable John Robert Blakey: Benjamin Bright and Matthew Fenn's motions for leave to appear pro hac vice7 and8 are granted. Defendant's joint motion to defer submission of initial status report is granted and status report deadline is stricken. Counsel is reminded that all motions shall be noticed or may be stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Friday, March 17, 2023 | ||
| 9 | 9
MOTION by Defendant Wells Fargo Securities, LLC(Joint Motion to Defer Submission of Initial Status Report) (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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| Thursday, March 16, 2023 | ||
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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20448565. (Fenn, Matthew) [Transferred from Illinois Northern on 4/22/2024.]
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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20448245. (Bright, Benjamin) [Transferred from Illinois Northern on 4/22/2024.]
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| Friday, March 03, 2023 | ||
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MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Plaintiff's stipulation and unopposed motion for extension of time5 , which is granted and any answer shall be filed on or before 4/17/2023. Should Defendant move to transfer this case to the Southern District of New York on or before 4/17/2023, Plaintiff shall file a response to the motion on or before 5/17/2023; reply shall be filed on or before 6/2/2023. Counsel is reminded that all motions shall be filed correctly using the motion event and all motions shall also be presented for hearing based upon Judge Blakey's standing order and dates located on his webpage. Any failure to properly file or notice motions may result in the motion being stricken. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Thursday, March 02, 2023 | ||
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STIPULATION and Unopposed Motion for Extension of Time to Respond to Complaint (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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| 4 | 4
ATTORNEY Appearance for Defendant Wells Fargo Securities, LLC by Lucia Nale (Nale, Lucia) [Transferred from Illinois Northern on 4/22/2024.]
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| Tuesday, February 28, 2023 | ||
| 3 | 3
SUMMONS Returned Executed by Michael Dillon, Marc Kafka as to Wells Fargo Securities, LLC on 2/7/2023, answer due 2/28/2023. (Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.]
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| Tuesday, February 07, 2023 | ||
| 2 | 2
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 3/20/2023, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) [Transferred from Illinois Northern on 4/22/2024.]
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| Monday, February 06, 2023 | ||
| SUMMONS Issued as to Defendant Wells Fargo Securities, LLC (lm, ) [Transferred from Illinois Northern on 4/22/2024.] | ||
| Friday, February 03, 2023 | ||
| 1 | 1
COMPLAINT (Class Action) filed by Michael Dillon, Marc Kafka; Jury Demand. Filing fee $ 402, receipt number AILNDC-20315769.(Malmstrom, Carl) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1
Exhibit 1-2,
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Att: 2
Civil Cover Sheet
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| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (smb, ) [Transferred from Illinois Northern on 4/22/2024.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) [Transferred from Illinois Northern on 4/22/2024.] | ||