City.Com Media, LLC. v. Magnetic Corporation
| City.Com Media, LLC. |
| Magnetic Corporation and Magnetic.com |
| 8:2010cv01888 |
| August 25, 2010 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Mark A Pizzo |
| James D Whittemore |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Mail returned as Undeliverable re: #21 Order dismissing case. Forwarding time expired (JLH) |
Filing 21
ORDER dismissing case. Signed by Judge James D. Whittemore on 12/28/2010. (KE)
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| Filing 20 STIPULATION of Dismissal With Prejudice by City.Com Media, LLC.. (Attachments: #1 Text of Proposed Order)(Lyons, Marc) |
| Filing 19 NOTICE of Appearance by Marc Philip Lyons on behalf of City.Com Media, LLC. (Lyons, Marc) |
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Filing 18
ENDORSED ORDER granting #16 Motion for extension of time to answer or respond. Magnetic Corporation answer due 9/21/2010. Signed by Judge James D. Whittemore on 9/20/2010. (KE)
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| Mail returned as Undeliverable re: #17 Order on motion to appear pro hac vice. Mail resent to John T. Cofresi, Marshall Dennehey Warner Coleman & Goggin, 140 Broadway, Suite 1910, New York, NY 1005-1113. (MRH) |
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Filing 17
ORDER denying without prejudice #15 motion to appear pro hac vice. Signed by Judge James D. Whittemore on 9/15/2010. (KE)
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| Filing 16 Unopposed MOTION for extension of time to file answer or otherwise plead PLAINTIFF'S COMPLAINT by Magnetic Corporation. (Harris, Phillip) |
| Filing 15 MOTION for Theodore J. Kobus, III, Esq. and David J. Shannon, Esq. to appear pro hac vice by Magnetic Corporation. (Hensel, Marjorie) |
| Filing 14 NOTICE of Appearance by Marjorie Salem Hensel on behalf of Magnetic Corporation (Hensel, Marjorie) |
| Mail returned as Undeliverable to John T. Cofresi, Marshall Dennehey Warner Coleman & Goggin, 140 Broadway, Suite 1910, New York, NY 10005-1113. re: #13 Notice of designation of track 2. (RFK) Modified on 9/14/2010 (RFK). |
| Filing 13 NOTICE of designation under Local Rule 3.05 - track 2 (AO) |
| Mail returned as Undeliverable re: 12 Notice to counsel. Mail resent to John T. Cofresi, Marshall Dennehey Warner Coleman & Goggin, 140 Broadway, Suite 1910, New York, NY 10005-1113. (MRH) |
| Filing 12 NOTICE to counsel of new case number, 8:10-cv-1888-T-27MAP; and judge assignment, District Judge James D. Whittemore, and Magistrate Judge Mark A. Pizzo. (MRH) |
| Filing 11 Case transferred in from New York Eastern; Case Number 1:10-cv-03492. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of Middle District of Florida, Tampa Division. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) [Transferred from nyed on 8/25/2010.] |
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Minute Entry and Order for proceedings held before Judge Brian M. Cogan: InitialStatus Conference held on 8/25/2010. Both sides present. The parties stipulated to transfer this action to the United States District Court for the Middle District of Florida, Tampa Division, pursuant to the forum selection clause in their contract. The Court found that such transfer would be in the interests of justice under 28 U.S.C. 1404(a) and ordered the transfer. Ordered by Judge Brian M. Cogan on 8/24/2010 (Cogan, Brian) [Transferred from nyed on 8/25/2010.]
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| Filing 10 Letter Reply letter to pre-motion conference request by City.Com Media, LLC. (Liolis, Harris) [Transferred from nyed on 8/25/2010.] |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Theodore J. Kobus, III Filing fee $ 25, receipt number 0207-4327104. by Magnetic Corporation. (Cofresi, John) [Transferred from nyed on 8/25/2010.] |
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ORDER granting #9 motion for Theodore J. Kobus III to appear pro hac vice as counsel for defendant. Ordered by Judge Brian M. Cogan on 8/24/2010. (Cogan, Brian) [Transferred from nyed on 8/25/2010.]
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| Filing 8 Letter Joint Correspondence Re Status Conference by Magnetic Corporation (Cofresi, John) [Transferred from nyed on 8/25/2010.] |
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Filing 7
SCHEDULING ORDER: Initial Status Conference is set for 8/25/2010 at 11:00 AM in Chambers 717S. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Judge Brian M. Cogan on 8/10/2010. (Weisberg, Peggy) [Transferred from nyed on 8/25/2010.]
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| Filing 6 AFFIDAVIT/AFFIRMATION re Order to Show Cause,,,, by Magnetic Corporation (Cofresi, John) [Transferred from nyed on 8/25/2010.] |
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Filing 5
ORDER granting #2 Motion for Extension of Time to File answer. ( Ordered by Judge Brian M. Cogan on 8/5/2010 ) (Guzzi, Roseann) [Transferred from nyed on 8/25/2010.]
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| Filing 4 DEMAND for Trial by Jury by City.Com Media, LLC. (Liolis, Harris) [Transferred from nyed on 8/25/2010.] |
| Filing 3 NOTICE of Appearance by Harris Liolis on behalf of City.Com Media, LLC. (notification declined or already on case) (Liolis, Harris) [Transferred from nyed on 8/25/2010.] |
| Filing 2 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Magnetic Corporation. (Cofresi, John) [Transferred from nyed on 8/25/2010.] |
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ORDER TO SHOW CAUSE. Defendant shall show cause by 8/10/10 why this case should not be remanded as defendant has failed to properly invoke this Court's subject matter jurisdiction. Since plaintiff is a limited liability company, its state of formation does not determine its citizenship. See Carden v. Arkoma Assoc., 494 U.S. 185, 195-96 (1990); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); United Food & Commercial Workers Union, 30 F.3d 298, 302 (2d Cir. 1994); Szewzyk v. Wal-Mart Stores, Inc., No. 3:09cv1449, 2009 WL 3418232 (D. Conn. Oct. 19, 2009); Sessing v. Gateway Center Properties, LLC, No. 09 Civ. 2485, 2009 WL 1918162 (E.D.N.Y. June 30, 2009). Instead, defendant is required to plead the identity and citizenship of each member of the LLC as each of their citizenships is imputed to the LLC. If any members of the LLC are themselves LLCs, partnerships, limited partnerships, or other unincorporated entities, defendant must plead the citizenship of each until the citizenship of all individuals and corporations having a direct or indirect ownership interest in plaintiff is set forth. Ordered by Judge Brian M. Cogan on 8/3/2010. (Cogan, Brian) [Transferred from nyed on 8/25/2010.]
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| Filing 1 NOTICE OF REMOVAL by Magnetic Corporation from Supreme Court of the State of New York, County of Queens, case number 16677/2010. ( Filing fee $ 350 Receipt # 4653017920) Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from nyed on 8/25/2010.] |
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