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07-2112 - Sheldon et al v. Khanal et al


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07-2112 - Sheldon et al v. Khanal et al
August 1, 2007
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MEMORANDUM AND ORDER sustaining in part 51 Motion for Default Judgment; and overruling 52 Motion to Strike. Signed by Judge Kathryn H. Vratil on 8/1/07. (ls)
November 29, 2007
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MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE. IT IS ORDERED that the Khanal Affiliates' Motion To Dismiss Complaint, Or In The Alternative, For Summary Judgment 33 filed April 24, 2007 be and hereby is SUSTAINED IN PART. The Court dismisses for lack of subject matter jurisdiction plaintiffs' claims against David Melo, the law firm of David J. Melo, Esq., Shams Uddin and Network Mortgage, Inc. The Court reserves ruling on the remainder of the motion pending plaintiffs' response to its show cause order. IT IS FURTHER ORDERED that plaintiffs shall show good cause in writing on or before December 12, 2007, why the Court should not dismiss for lack of subject matter jurisdiction plaintiffs' claims against Tara Khanal, Rosemarie Klie and he law firm of Sweeney, Gallo, Reich&Bolz, LLP. IT IS FURTHER ORDERED that the NYCB Affiliates Motion To Dismiss 34 filed April 24, 2007 be and hereby is SUSTAINED. The Court dismisses for lack of personal jurisdiction plaintiffs' claims against New York Community Bank, James Cantanno and the law firm of Forchelli, Curto, Schwartz, Mineo, Carlino and Cohn, LLP. IT IS FURTHER ORDERED that Option One's Motion To Dismiss With Supporting Memorandum 40 filed May 10, 2007 be and hereby is SUSTAINED. The Court dismisses for improper venue plaintiffs' claims against Option One Mortgage Corp. IT IS FURTHER ORDERED that the Winzone Affiliates' Motion For The Dismissal Of The Summons And Complaint Pursuant To F.R.C.P. 4(e)(1), 4(c)(2) and 12(b)(2)(4) 45 filed May 14, 2007 be and hereby is SUSTAINED IN PART. The Court quashes service on Winzone Realty, Inc. and grants plaintiffs until 14 days after resolution of the orders to show cause set forth in this decision to properly re-serve Winzone Realty, Inc. under Rule 4 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiffs shall show good cause in writing on or before December 12, 2007, why the Court should not dismiss their claims against Julie Wong and Winzone Realty, Inc. for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that plaintiffs' response to the Court's show cause orders shall not exceed ten pages in length. Pending plaintiffs' response to the Court's show cause order, the claims against Khanal, Klie, the law firm of Sweeney, Gallo, Reich&Bolz, LLP, Wong and Winzone Realty, Inc. remain in the case. These claims include breach of contract against Khanal (Count I); bad faith (Count II); breach of fiduciary duty against Wong and Winzone Realty, Inc. (Count III); abuse of process and slander of title against Khanal, Klie and Sweeney, Gallo, Reich&Bolz, LLP (Counts IV through VII); negligence(Count VIII); fraud (Counts IX through XI); conspiracy (Count XII); and tortious interference (Counts XIII and XIV). Signed by District Judge Kathryn H. Vratil on 11/29/07. (ls)
February 19, 2008
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MEMORANDUM AND ORDER overruling as moot 33 Motion to Dismiss; sustaining in part 81 Motion - The Court grants plaintiffs leave to file and serve their first amended complaint no later than February 29, 2008. The Court finds that plaintiffs have shown good cause why the Court should not dismiss for lack of subject matter jurisdiction their claims against Khanal, Klie, the law firm of Sweeney, Gallo, Reich&Bolz, LLP, and the Winzone Affiliates. The motion is otherwise overruled; overruling 85 Motion to Strike; and overruling 87 Motion to Strike. Signed by Chief Judge Kathryn H. Vratil on 2/19/08. (ls)
May 12, 2008
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ORDER granting 142 Motion to Withdraw. Attorney Darren K. Kearns terminated as counsel for plantiff Dave Sheldon. Plaintiff Dave Sheldon shall proceed pro se. Signed by Magistrate Judge David J. Waxse on 5/12/08. (mh)
June 27, 2008
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ORDER granting 137 Motion to Dismiss. New York Community Bank, the law firm of Forchelli, Curto, Schwartz, Mineo, Carlino and Cohn, LLP, and James Cantanno are dismissed from the case. Signed by Chief Judge Kathryn H. Vratil on 6/27/2008. (sjm)
August 1, 2008
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ORDER AND ORDER TO SHOW CAUSE. Plaintiffs' motion (Doc. #166) is hereby overruled in part. To the extent that plaintiffs seek reconsideration of the Court's previous order and additional discovery on the issue of personal jurisdiction, the motion is overruled. The court reserves ruling on plaintiffs' request to transfer. Plaintiffs to show good cause in writing on or before August 15, 2008, why the Court should not transfer this entire action to the United States District Court for the Eastern District of New York under 28 U.S.C. ยงยง 1404(a) and 1631. Signed by Chief Judge Kathryn H. Vratil on 8/1/2008. (sjm)
August 20, 2008
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ORDER. The Court hereby notifies the parties and the Tenth Circuit Court of Appeals that it has not entered final judgment and has not certified this case for appeal under Rule 54(b), Fed. R. Civ. P. Signed by Chief Judge Kathryn H. Vratil on 8/20/2008.(sjm)