Garry Y. Itkin v. Golden Sphinx Limited, et al
Plaintiff: Garry Y. Itkin
Defendant: Golden Sphinx Limited and Does 1-10, inclusive
Case Number: 2:2021cv04907
Filed: June 16, 2021
Court: US District Court for the Central District of California
Presiding Judge: John A Kronstadt
Referring Judge: Rozella A Oliver
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2021 Opinion or Order Filing 12 (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE (DKT. 8) by Judge John A. Kronstadt. Based on a review of the Response and the associated materials, Plaintiff has made a sufficient showing that a Jersey private limited company is appropriately treated as a corporation, rather than a limited liability company. Thus, the Complaint adequately alleges complete diversity of citizenship. This is without prejudice to a challenge to jurisdiction brought by one or more of the defendants. For these reasons, the OSC is DISCHARGED. Pursuant to 28 U.S.C. 1653, Plaintiff is granted leave to amend the Complaint to state that Golden Sphinx Limited is a private limited company, rather than an LLC. Snell v. Cleveland, Inc., 316 F.3d 822, 828 (9th Cir. 2002) ("The primary purpose of 1653 is to permit correction of incorrect statements about extant jurisdiction."). (See document for details) (mrgo)
June 25, 2021 Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Garry Y. Itkin. upon Golden Sphinx Limited waiver sent by Plaintiff on 6/18/2021, answer due 8/17/2021. Waiver of Service signed by Larissa Sabadash, Director. (Atabek, Jon)
June 22, 2021 Opinion or Order Filing 10 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj)
June 18, 2021 Filing 9 OPPOSITION filed by Plaintiff Garry Y. Itkin. (Attachments: #1 Declaration of Garry Y. Itkin ISO Opposition to Order to Show Cause re: Diversity Jurisdiction)(Atabek, Jon)
June 17, 2021 Opinion or Order Filing 8 (IN CHAMBERS) TEXT-ONLY ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION by Judge John A. Kronstadt: On June 16, 2021, Plaintiff filed this action against Golden Sphinx Limited, a limited liability company, and ten unnamed Defendants. A limited liability company, "like a partnership... is a citizen of every state of which its owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The principal place of business of an LLC "is irrelevant for purposes of diversity jurisdiction." Tele Munchen Fernseh GMBH & Co. Produktiongesellschaft v. All. Atlantis Int'l Distrib., LLC, No. CV 13-05834 MMM (MRWx), 2013 WL 6055328, at *4 (C.D. Cal. Nov. 15, 2013). It is alleged that Plaintiff is a resident of California, and that Golden Sphinx Limited is incorporated in the Isle of Jersey and has its principal place of business there. Dkt. 1 at 2. It is also alleged that Defendant's sole director resides in California. Id. Based on these allegations, it cannot presently be determined whether there is complete diversity in this action. Therefore, Plaintiff is ORDERED TO SHOW CAUSE in writing, on or before June 25, 2021, as to whether there is subject matter jurisdiction. In doing so, Plaintiff shall submit a memorandum, not to exceed five pages, together with supporting evidence, with respect to the citizenship of Golden Sphinx. Based on a review of that response, it will be determined whether any further briefing or a hearing will be necessary, or if the matter can be decided at that time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
June 17, 2021 Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Golden Sphinx Limited. (esa)
June 17, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
June 17, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver. (esa)
June 16, 2021 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Garry Y. Itkin. (Atabek, Jon)
June 16, 2021 Filing 3 CIVIL COVER SHEET filed by Plaintiff Garry Y. Itkin. (Atabek, Jon)
June 16, 2021 Filing 2 NOTICE of Interested Parties filed by Plaintiff Garry Y. Itkin, identifying Garry Y. Itkin, Plaintiff/Creditor; Golden Sphinx Limited, Defendant; Larissa Sabadash, Director; Alexander Sabadash, Beneficial Owner. (Atabek, Jon)
June 16, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-31480560 - Fee: $402, filed by Plaintiff Garry Y. Itkin. (Attorney Jon Ali Atabek added to party Garry Y. Itkin(pty:pla))(Atabek, Jon)

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Plaintiff: Garry Y. Itkin
Represented By: Jon Ali Atabek
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Defendant: Golden Sphinx Limited
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Defendant: Does 1-10, inclusive
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