Shaw et al v. Mwale et al
| New York Southern District Court | |
| Judge: | Colleen Mcmahon |
| Case #: | 1:25-cv-04087 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332fr Diversity-Fraud |
| Case Filed: | May 15, 2025 |
| Case in other court: | Utah, 1:24-cv-00122 |
| Last checked: Thursday May 15, 2025 1:08 PM EDT |
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Defendant
Julius Mwale
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Represented By
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Defendant
Kaila Mwale
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Represented By
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Plaintiff
Brooke Shaw
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Represented By
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Plaintiff
Mathew Shaw
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Represented By
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| Docket last updated: 5 hours ago |
| Thursday, May 15, 2025 | ||
| 23 | 23
transfer
Case Transferred In - District Transfer
Thu 05/15 12:15 PM
CASE TRANSFERRED IN from the United States District Court - District of Utah; Case Number: 1:24-cv-00122. Original file certified copy of transfer order and docket entries received. |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Thu 05/15 12:17 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Colleen McMahon. 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] . (tro) |
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utility
Case Designated ECF
Thu 05/15 12:43 PM
Case Designated ECF. (tro) |
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utility
Case Designation
Thu 05/15 12:43 PM
Magistrate Judge Robyn F. Tarnofsky 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] . (tro) |
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misc
Note to Out of State Attorneys
Thu 05/15 12:44 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. (tro) |
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| Monday, May 12, 2025 | ||
| 22 | 22
ORDER TRANSFERRING VENUE: Granting in part 15 Motion to Dismiss for Lack of Jurisdiction. The Clerk of Court shall ensure this case is transferred to the Southern District of New York forthwith. The remaining requests in Defendants Motion are DENIED AS MOOT. Signed by District Judge Ann Marie McIff Allen on 05/12/2025. (kpf) [Transferred from Utah on 5/15/2025.]
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| Friday, December 06, 2024 | ||
| 21 | 21
REPLY to Response to Motion re15 Redacted MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, to Transfer Venue to the Southern District of New York filed by Defendants Julius Mwale, Kaila Mwale.(Skolout, Nicole) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit A - Supplemental Declaration of Julius Mwale,
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Att: 2
Exhibit B - Supplemental Declaration of Kaila Mwale
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| Friday, November 22, 2024 | ||
| 20 | 20
8
pgs
MEMORANDUM in Opposition re15 Redacted MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, to Transfer Venue to the Southern District of New York filed by Plaintiffs Brooke Shaw, Mathew Shaw.(Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit Declaration of Mathew Shaw,
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Att: 2
Exhibit Declaration of Brooke Shaw
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| Tuesday, November 19, 2024 | ||
| 19 | 19
NOTICE of Appearance by Jenifer L. Tomchak on behalf of Julius Mwale, Kaila Mwale (Tomchak, Jenifer) [Transferred from Utah on 5/15/2025.]
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| Friday, November 08, 2024 | ||
| 18 | 18
ORDER OF RECUSAL Magistrate Judge Daphne A. Oberg recused. Case reassigned to Magistrate Judge Dustin B. Pead for all further proceedings. Signed by Magistrate Judge Daphne A. Oberg on 11/8/2024. (mh) [Transferred from Utah on 5/15/2025.]
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**SEALED DOCUMENT** re15 Redacted MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, to Transfer Venue to the Southern District of New York filed by Defendants Julius Mwale, Kaila Mwale
NOTE: Filer is instructed to serve the sealed document on all other parties. .(Skolout, Nicole) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit 1 - Declaration of Julius Mwale,
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Att: 2
Exhibit 2 - Declaration of Kaila Mwale,
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Att: 3
Exhibit 3 - April 10, 2023 Email with Draft Complaint,
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Att: 4
Exhibit 4 - Loan Modification Agreement,
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Att: 5
Exhibit 5 - Federal Court Management Statistics
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| 16 | 16
MOTION for Leave to File Sealed Document re15 Redacted MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, to Transfer Venue to the Southern District of New York filed by Defendants Julius Mwale, Kaila Mwale. Motions referred to Daphne A. Oberg.(Skolout, Nicole) [Transferred from Utah on 5/15/2025.]
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| 15 | 15
Redacted MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, to Transfer Venue to the Southern District of New York filed by Defendants Julius Mwale, Kaila Mwale.(Skolout, Nicole) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit 1 - Declaration of Julius Mwale,
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Att: 2
Exhibit 2 - Declaration of Kaila Mwale,
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Att: 3
Exhibit 3 - April 10, 2023 Email with Draft Complaint,
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Att: 4
Exhibit 4 - Loan Modification Agreement,
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Att: 5
Exhibit 5 - Federal Court Management Statistics
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| 14 | 14
NOTICE of Appearance by Nicole A. Skolout on behalf of Julius Mwale, Kaila Mwale (Skolout, Nicole) [Transferred from Utah on 5/15/2025.]
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| Monday, October 21, 2024 | ||
| 13 | 13
RETURN OF SERVICE Executed for US Mail & Email Notice of Completed Service served on Julius & Kaila Mwale on 10/18/2024, filed by Plaintiffs Brooke Shaw, Mathew Shaw.(Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, October 07, 2024 | ||
| 12 | 12 DOCKET TEXT ORDER EXTENDING SERVICE DEADLINE: Given the 11 Order Granting Plaintiffs' Motion for Alternative Service, Plaintiffs' deadline to serve the complaint is extended to November 18, 2024. Signed by Magistrate Judge Daphne A. Oberg on 10/7/2024. No attached document.(gdr) [Transferred from Utah on 5/15/2025.] | |
| 11 | 11
9
pgs
MEMORANDUM DECISION AND ORDER granting 10 Ex Parte (Not Sealed) MOTION for Alternative Service Signed by Magistrate Judge Daphne A. Oberg on 10/7/2024. (mh) [Transferred from Utah on 5/15/2025.]
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| Wednesday, August 21, 2024 | ||
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Ex Parte (Not Sealed) MOTION for Alternative Service filed by Plaintiffs Brooke Shaw, Mathew Shaw. Motions referred to Daphne A. Oberg.(Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Text of Proposed Order
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| Thursday, July 25, 2024 | ||
| 9 | 9
Summons Issued Electronically as to Julius Mwale.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (sg) [Transferred from Utah on 5/15/2025.]
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| 8 | 8
Summons Issued Electronically as to Kaila Mwale.
Instructions to Counsel:
1. Click on the document number.
2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.
3. Print the issued summons for service. (sg) [Transferred from Utah on 5/15/2025.]
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| 7 | 7
Requested Summons as to Kaila Mwale. (Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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Requested Summons as to Julius Mwale. (Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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| Tuesday, July 23, 2024 | ||
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ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 7/23/2024. (mh) [Transferred from Utah on 5/15/2025.]
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| Monday, July 22, 2024 | ||
| 4 | 4 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ann Marie McIff Allen on 7/22/2024. (pjd) [Transferred from Utah on 5/15/2025.] | |
| Friday, July 19, 2024 | ||
| 3 | 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiffs Brooke Shaw, Mathew Shaw. (Notice generated by Clerk's office) Form due by 8/9/2024. (kec) [Transferred from Utah on 5/15/2025.]
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| 2 | 2 NOTICE FROM THE COURT re1 Complaint. Attorney selected the incorrect division when creating the case. Case 2:24-cv-00510 will be closed and all pleadings will be transferred to case 1:24-cv-00122. Case number will now read 1:24-cv-00122. Please make changes to document captions accordingly. (kec) [Transferred from Utah on 5/15/2025.] | |
| 1 | 1
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5129712) filed by Mathew Shaw, Brooke Shaw. (Clark, Aaron) [Transferred from Utah on 5/15/2025.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet
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| Judge Ann Marie McIff Allen added. Case number will now read 1:24-cv-00122-AMA. Please make changes to document captions accordingly. (kec) [Transferred from Utah on 5/15/2025.] | ||