Schwartz v. LiveOnNY

Filing 24

MEMO ENDORSEMENT granting 23 Motion to Change Venue. ENDORSEMENT: Upon the consent of the parties, and pursuant to 28 U.S.C. 1404(b), this case is transferred to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/11/2023) (tg)

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Case 1:23-cv-04042-LJL Document 23 Filed 11/10/23 Page 1 of 1 Judy C. Selmeci 212.915.5159 (direct) 646.761.4065 (mobile) Judy.Selmeci@wilsonelser.com November 10, 2023 Hon. Lewis J. Liman Daniel Patrick Moynihan United States Courthouse 50 Pearl Street, Courtroom 15C New York, NY 10007-1312 Re: Upon the consent of the parties, and pursuant to 28 U.S.C. 1404(b), this case is transferred to the United States District Court for the Eastern District of New York. SO ORDERED. Date: November 11, 2023 Renee Schwartz v. LiveOnNY Docket No. : 23-4042 Our File No. : 22822.00019 Dear Judge Liman, We represent the Defendant, LiveOnNY, in the above-referenced matter. We write with Plaintiff’s consent to respectfully request that the Court transfer the matter to the Eastern District of New York for the reasons outlined below. Plaintiff appears to have venued the matter in the Southern District on a mistaken belief that LivOnNY has its principal place of business in New York County. See Complaint at ¶ 11. However, LiveOnNY in fact maintains its principal place of business in Queens County. See A copy of LiveOnNY’s listed principal place of business on the New York State Entity Database attached hereto as “Exhibit A.” We have discussed the matter with Plaintiff’s counsel and he has consented to the change of venue to the Eastern District of New York. Thus, based on the parties’ mutual consent, the parties request that the court transfer this case to the Eastern District of New York. The parties apologize for not remedying this issue sooner. Should the court require additional information, it is most respectfully asked to contact the undersigned. Respectfully submitted, WILSON ELSER MOSKOWITZ EDELMAN & DICKER Judy C. Selmeci 289267605v.2 Case 1:23-cv-04042-LJL Document 23-1 Filed 11/10/23 Page 1 of 3 EXHIBIT A 11/10/23, 6:50 PM PublicFiled Inquiry 11/10/23 Page 2 of 3 Case 1:23-cv-04042-LJL Document 23-1 Department of State Division of Corporations Entity Information Return to Results Return to Search 󰅀 Entity Details ENTITY NAME: LIVEONNY, INC. DOS ID: 491925 FOREIGN LEGAL NAME: FICTITIOUS NAME: ENTITY TYPE: DOMESTIC NOT-FOR-PROFIT CORPORATION DURATION DATE/LATEST DATE OF DISSOLUTION: SECTIONOF LAW: ENTITY STATUS: ACTIVE DATE OF INITIAL DOS FILING: 05/29/1978 REASON FOR STATUS: EFFECTIVE DATE INITIAL FILING: 05/29/1978 INACTIVE DATE: FOREIGN FORMATION DATE: STATEMENT STATUS: NOT REQUIRED COUNTY: QUEENS NEXT STATEMENT DUE DATE: JURISDICTION: NEW YORK, UNITED STATES NFP CATEGORY: CHARITABLE ENTITY DISPLAY NAME HISTORY FILING HISTORY MERGER HISTORY ASSUMED NAME HISTORY Service of Process on the Secretary of State as Agent The Post Office address to which the Secretary of State shall mail a copy of any process against the corporation served upon the Secretary of State by personal delivery: Name: THE CORPORATION Address: 30-30 47TH AVENUE, 9TH FLOOR, LONG ISLAND CITY, NY, UNITED STATES, 11101 Electronic Service of Process on the Secretary of State as agent: Permitted Chief Executive Officer's Name and Address Name: Address: Principal Executive Office Address Address: Registered Agent Name and Address Name: REGISTERED AGENT REVOKED Address: Entity Primary Location Name and Address Name: Address: Farmcorpflag Is The Entity A Farm Corporation: NO Stock Information Share Value https://apps.dos.ny.gov/publicInquiry/EntityDisplay Number Of Shares Value Per Share 1/2 11/10/23, 6:50 PM https://apps.dos.ny.gov/publicInquiry/EntityDisplay PublicFiled Inquiry 11/10/23 Page 3 of 3 Case 1:23-cv-04042-LJL Document 23-1 2/2

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