ECF

U.S. District Court

Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20−cv−00551−AKH

Kesner v. Baker Botts, LLP et al Date Filed: 01/21/2020

Assigned to: Judge Alvin K. Hellerstein Jury Demand: Plaintiff
Demand: $9,999,000 Nature of Suit: 470 Racketeer/Corrupt
Cause: 18:1962 Racketeering (RICO) Act Organization
Jurisdiction: Federal Question
Plaintiff
Harvey J. Kesner represented by James Patrick Peter O'Donnell
80−02 Kew Gardens Road
Suite 601
Kew Gardens, NY 11415
718−263−9591
Email: jamespodonnell86@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert C. Buschel
Buschel Gibbons, P.A.
100 S.E. 3d Ave, Suite 1300
Fort Lauderdale, FL 33394
(954)−530−5748
Fax: (954) 525−4300
Email: buschel@bglaw−pa.com
ATTORNEY TO BE NOTICED

V.
Defendant
Jonathan A. Shapiro represented by Brendan Quigley
Baker Botts L.L.P.
30 Rockefeller Plaza
New York, NY 10112
212−408−2520
Fax: 212−259−2520
Email: brendan.quigley@bakerbotts.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul R. Elliott
Baker Botts L.L.P.
One Shell Plaza
910 Louisiana St.
Houston, TX 77002
713−229−1226
Fax: 713−229−2726
Email: paul.elliott@bakerbotts.com
ATTORNEY TO BE NOTICED

Defendant
Baker Botts, LLP represented by Brendan Quigley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul R. Elliott
(See above for address)
 ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/21/2020 1 FILING ERROR − DEFICIENT PLEADING − FILED AGAINST PARTY
ERROR −COMPLAINT against Harvey J. Kesner. (Filing Fee $ 400.00, Receipt
Number ANYSDC−18560382)Document filed by Harvey J. Kesner.(Buschel, Robert)
Modified on 1/22/2020 (pne). (Entered: 01/21/2020)
01/21/2020 2 CIVIL COVER SHEET filed. (Buschel, Robert) (Entered: 01/21/2020)
01/22/2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is
assigned to Judge Alvin K. Hellerstein. Please download and review the Individual
Practices of the assigned District Judge, located at
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
https://nysd.uscourts.gov/rules/ecf−related−instructions. (pne) (Entered: 01/22/2020)
01/22/2020 Magistrate Judge James L. Cott is so designated. 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:
https://nysd.uscourts.gov/sites/default/files/2018−06/AO−3.pdf. (pne) (Entered:
01/22/2020)
01/22/2020 Case Designated ECF. (pne) (Entered: 01/22/2020)
01/22/2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice
to Attorney Robert C. Buschel to RE−FILE Document No. 1 Complaint,. The
filing is deficient for the following reason(s): the wrong party/parties whom the
pleading is against were selected;. Re−file the pleading using the event type
Complaint found under the event list Complaints and Other Initiating Documents
− attach the correct signed PDF − select the individually named filer/filers − select
the individually named party/parties the pleading is against. **DO NOT USE
GOOGLE CHROME OR SAFARI BROWSERS** (pne) (Entered: 01/22/2020)
01/22/2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING
STATISTICAL ERROR CORRECTION: Notice to attorney Robert C. Buschel.
The following case opening statistical information was erroneously
selected/entered: Cause of Action code 18:1961; County code New York. The
following correction(s) have been made to your case entry: the Cause of Action
code has been modified to 18:1962; the County code has been modified to XX Out
of State. (pne) (Entered: 01/22/2020)
01/22/2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice
to attorney Robert C. Buschel. The party information for the following
party/parties has been modified: Harvey J. Kesner, Jonathan A. Shapiro, Baker
Botts, LLP. The information for the party/parties has been modified for the
following reason/reasons: party name contained a typographical error; party role
was entered incorrectly. (pne) (Entered: 01/22/2020)
01/22/2020 3 COMPLAINT against Baker Botts, LLP, Jonathan A. Shapiro. Document filed by
Harvey J. Kesner.(Buschel, Robert) (Entered: 01/22/2020)
01/30/2020 4 WAIVER OF SERVICE RETURNED EXECUTED. Baker Botts, LLP waiver sent on
1/25/2020, answer due 3/25/2020. Document filed by Harvey J. Kesner. (Buschel,
Robert) (Entered: 01/30/2020)
01/30/2020 5 WAIVER OF SERVICE RETURNED EXECUTED. Jonathan A. Shapiro waiver sent
on 1/25/2020, answer due 3/25/2020. Document filed by Harvey J. Kesner. (Buschel,
Robert) (Entered: 01/30/2020)
01/31/2020 ***DELETED DOCUMENT. Deleted document number 6 Notice of Attorney
Appearance. The document was incorrectly filed in this case. (db) (Entered:
01/31/2020)
02/10/2020 6 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Robert C.
Buschel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number
ANYSDC−18748995. Motion and supporting papers to be reviewed by Clerk's
Office staff. Document filed by Harvey J. Kesner. (Attachments: # 1 Affidavit, # 2
Text of Proposed Order, # 3 Appendix Certificate of good standing Florida, # 4
Appendix Certificate of good standing California).(Buschel, Robert) Modified on
2/10/2020 (wb). (Entered: 02/10/2020)
02/10/2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 6 MOTION for Robert C. Buschel to
Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC−18748995.
Motion and supporting papers to be reviewed by Clerk's Office staff... The filing
is deficient for the following reason(s): missing Certificate of Good Standing from
Supreme Court of California;. Re−file the motion as a Motion to Appear Pro Hac
Vice − attach the correct signed PDF − select the correct named filer/filers −
attach valid Certificates of Good Standing issued within the past 30 days − attach
Proposed Order.. (wb) (Entered: 02/10/2020)
02/26/2020 7 MOTION for Robert C. Buschel to Appear Pro Hac Vice . Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by Harvey J. Kesner.
(Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed
Order).(Buschel, Robert) (Entered: 02/26/2020)
02/26/2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 7 MOTION for Robert C. Buschel to Appear Pro Hac Vice . Motion and
supporting papers to be reviewed by Clerk's Office staff.. The document has been
reviewed and there are no deficiencies. (vba) (Entered: 02/26/2020)
02/27/2020 8 ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Robert C.
Buschel to Appear Pro Hac Vice. The motion of Robert Buschel, Esq., for admission
to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY
ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned
case in the United States District Court for the Southern District of New York. All
attorneys appearing before this Court are subject to the Local Rules of this Court,
including the Rules governing discipline of attorneys. (Signed by Judge Alvin K.
Hellerstein on 2/27/20) (yv) (Entered: 02/27/2020)
03/11/2020 9 MOTION for Paul Reichert Elliott to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−19081972. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by Baker Botts, LLP, Jonathan A. Shapiro.
(Attachments: # 1 Affidavit, # 2 Text of Proposed Order).(Elliott, Paul) (Entered:
03/11/2020)
03/11/2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 9 MOTION for Paul Reichert Elliott to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−19081972. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (vba) (Entered: 03/11/2020)
03/12/2020 10 ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE granting 9
Motion for Paul R. Elliott to Appear Pro Hac Vice. The request of Applicant Paul R.
Elliott for admission to practice pro hac vice in the above−captioned action is granted.
IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the
above−captioned case in the United States District Court for the Southern District of
New York. All attorneys appearing before this Court are subject to the Local Rules of
this Court, including the Rules governing discipline of attorneys. If this action is
assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply
for an ECF password at nysd.uscourts.gov. (Signed by Judge Alvin K. Hellerstein on
3/12/20) (yv) (Entered: 03/12/2020)
03/12/2020 11 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim, and
Alternatively, to Transfer to the Southern District of California Pursuant to 28 U.S.C.
§ 1404. Document filed by Baker Botts, LLP, Jonathan A. Shapiro..(Quigley,
Brendan) (Entered: 03/12/2020)
03/12/2020 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss for Lack of
Jurisdiction , Failure to State a Claim, and Alternatively, to Transfer to the Southern
 District of California Pursuant to 28 U.S.C. § 1404. . Document filed by Baker Botts,
LLP, Jonathan A. Shapiro..(Quigley, Brendan) (Entered: 03/12/2020)
03/12/2020 13 DECLARATION of Jonathan A. Shapiro in Support re: 11 MOTION to Dismiss for
Lack of Jurisdiction , Failure to State a Claim, and Alternatively, to Transfer to the
Southern District of California Pursuant to 28 U.S.C. § 1404.. Document filed by
Baker Botts, LLP, Jonathan A. Shapiro. (Attachments: # 1 Exhibit A to Shapiro
Declaration, # 2 Exhibit B to Shapiro Declaration).(Quigley, Brendan) (Entered:
03/12/2020)
03/12/2020 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Baker Botts, LLP..(Quigley, Brendan) (Entered: 03/12/2020)