Vignon v. Gerald Metals, LLC et al
| Alain Vignon |
| Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC, Gerald US International Limited and Gerald Holdings International |
| 3:2018cv00785 |
| May 9, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX Outside US |
| Jeffrey A Meyer |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 34 NOTICE of Voluntary Dismissal by Alain Vignon (Phelan, Gary) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Gutierrez, Y.) |
| Filing 33 NOTICE by Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC re 32 Order,,, re Disclosure of Materials re Membership of Defendant Entities (Attachments: #1 Certificate Gerald Metals LLC, #2 Certificate Gerald Holdings LLC, #3 Certificate Gerald US International Limited, #4 Certificate Gerald Holdings International LLP)(Aronson, Stephen) |
Filing 32
ORDER RE DISCLOSURE OF MATERIALS RE MEMBERSHIP OF DEFENDANT ENTITIES. Defendant has filed a motion to dismiss with an affidavit attesting as follows: "4. As of the date of the filing of this lawsuit on May 9, 2018, GMLLC had a single member, Gerald US International Limited, registered in the British Virgin Islands. 5. As of the date of the filing of this lawsuit on May 9, 2018, GHLLC had a single member, Gerald Holdings International, LLP, a United Kingdom limited partnership." Doc. #27-2 at 1. On or before August 1, 2018, defendant shall file corporate or other official documents that substantiate the LLC status of the defendants and that further disclose the citizenship of any member or partners of Gerald US International Limited and Gerald Holdings, International, LLP. Signed by Judge Jeffrey A. Meyer on 7/19/2018. (Fanelle, N.)
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Filing 31
ORDER granting #28 Motion for Extension of Time to File Response/Reply re #27 MOTION to Dismiss and/or Compel Arbitration, Responses due by 8/20/2018. Signed by Judge Jeffrey A. Meyer on 7/18/2018. (Fanelle, N.)
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| Filing 30 REPORT of Rule 26(f) Planning Meeting. (Phelan, Gary) |
| Filing 28 First MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss and/or Compel Arbitration until August 20, 2018 by Alain Vignon. (Phelan, Gary) |
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Filing 29
ORDER granting #26 Motion for Disclosure. Signed by Judge Jeffrey A. Meyer on 7/16/2018. (Fanelle, N.)
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| Filing 27 MOTION to Dismiss and/or Compel Arbitration by Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC.Responses due by 8/6/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit With Exhibits)(Aronson, Stephen) |
| Filing 26 Amended MOTION for Disclosure Statement by Gerald Holdings, LLC, Gerald Metals, LLC. (Aronson, Stephen) |
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Filing 25
ORDER granting #24 Motion for Extension of Time. Signed by Judge Jeffrey A. Meyer on 7/14/2018. (Fanelle, N.)
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| Set Deadlines/Hearings: Rule 26 Meeting Report due by 7/17/2018. (Fanelle, N.) |
| Filing 24 MOTION for Extension of Time until 07/17/2018 to File Rule 26(f) Report Set Deadlines/Hearings by Alain Vignon. (Phelan, Gary) |
| Filing 23 CERTIFICATE OF GOOD STANDING re #2 MOTION for Attorney(s) to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4824183) by Alain Vignon. (Attachments: #1 Certificate of Good Standing for NY)(Summit, Paul) |
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Filing 22
ORDER granting #21 Motion for Extension of Time until July 16, 2018 to Respond to the Plaintiff's Amended Complaint #11 . Signed by Judge Jeffrey A. Meyer on 6/29/2018. (Fanelle, N.)
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| Answer deadline updated for Craig F. Dean to 7/16/2018; Gerald Holdings, LLC to 7/16/2018; Gerald Metals, LLC to 7/16/2018. (Fanelle, N.) |
| Filing 21 MOTION for Extension of Time until July 16, 2018 Respond to the Plaintiff's Amended Complaim #11 Amended Complaint by Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC. (Aronson, Stephen) |
| Filing 20 NOTICE of Appearance by Stephen W. Aronson on behalf of Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC (Aronson, Stephen) |
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Filing 19
ORDER granting #15 Motion for Extension of Time Consent. Signed by Judge Jeffrey A. Meyer on 5/30/18. (Gutierrez, Y.)
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| Answer deadline updated for Gerald Holdings, LLC and Gerald Metals, LLC to 7/5/2018. (Gutierrez, Y.) |
| Set Deadlines: Rule 26 Meeting Report due by 7/13/2018. (Gutierrez, Y.) |
| Filing 18 NOTICE of Appearance by Rachel Volkman Kushel on behalf of Gerald Holdings, LLC, Gerald Metals, LLC (Kushel, Rachel) |
| Filing 17 NOTICE of Appearance by Stephen W. Aronson on behalf of Gerald Holdings, LLC, Gerald Metals, LLC (Aronson, Stephen) |
| Filing 16 Defendant's Disclosure Statement by Gerald Holdings, LLC, Gerald Metals, LLC. (Aronson, Stephen) Modified on 5/30/2018 (Gutierrez, Y.). |
| Filing 15 Consent MOTION for Extension of Time Consent by Gerald Holdings, LLC, Gerald Metals, LLC. (Aronson, Stephen) |
| Filing 14 SUMMONS Returned Executed by Alain Vignon. Craig F. Dean served on 5/17/2018, answer due 6/7/2018. (Phelan, Gary) |
| Filing 13 SUMMONS Returned Executed by Alain Vignon. Gerald Holdings, LLC served on 5/11/2018, answer due 6/1/2018; Gerald Metals, LLC served on 5/11/2018, answer due 6/1/2018. (Phelan, Gary) |
| Filing 12 NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Alain Vignon re 9 Order to Show Cause,,,,, #1 Complaint (Phelan, Gary) |
| Filing 11 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Alain Vignon.(Phelan, Gary) |
| Filing 10 NOTICE of Appearance by Paul E. Summit on behalf of Alain Vignon with Certificate of Service (Summit, Paul) |
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Filing 9
ORDER TO SHOW CAUSE RE BASIS FOR FEDERAL DIVERSITY JURISDICTION. Plaintiff has filed adiversity complaint against and individual and two companies that are limited liability companies. For purposes of diversity jurisdiction, the citizenship of a natural person is determined by domicile, not residency. See Adrian Family Partners I, LP v. Exxonmobil Corp., 79 Fed. Appx. 489, 491 (2d Cir. 2003). Plaintiff has alleged his residency in Switzerland but has not alleged his domicile. Plaintiff has not alleged any domicile of defendant Dean. In addition, for purposes of diversity jurisdiction, the citizenship of a limited liability company (LLC) is determined by reference to the citizenship of each of its members. See, e.g., Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006); Handelsman v. Bedford Village Ltd. Partnership, LLC, 213 F.3d 48, 51-52 (2d Cir. 2000). The complaint fails to identify the citizenship of the LLC defendants' members. Plaintiff may file an amended complaint by May 18, 2018, that properly identifies the domiciliary citizenship of the plaintiff and defendant Dean, as well as the citizenship of each of the members of the LLC defendant parties. Signed by Judge Jeffrey A. Meyer on 5/11/2018.(Potter, A.) Modified on 5/18/2018 (Potter, A.).
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| Set Deadlines: Amended Pleadings due by 5/18/2018 (Potter, A.) |
| Set Deadlines: Show Cause Response due by 5/18/2018 (Gutierrez, Y.) |
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Filing 8
ORDER granting #2 Motion to Appear Pro Hac Vice. Certificate of Good Standing due by 7/9/2018. Signed by Clerk on 5/10/2018. (Potter, A.)
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| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Craig F. Dean, Gerald Holdings, LLC, Gerald Metals, LLC* with answer to complaint due within *21* days. Attorney *Gary Edward Phelan* *Mitchell & Sheahan, P.C.* *80 Ferry Blvd Suite 102* *Stratford, CT 06615*. (Potter, A.) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 MOTION for Attorney(s) to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4824183) filed by Alain Vignon, #5 Protective Order, #3 Order on Pretrial Deadlines, #1 Complaint filed by Alain Vignon, #4 Electronic Filing Order Signed by Clerk on 5/10/2018.(Potter, A.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 5/9/2018. (Potter, A.)
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Filing 4
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 5/9/2018. (Potter, A.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 7/8/2018 Discovery due by 11/8/2018 Dispositive Motions due by 12/8/2018 Answer or motion to dismiss due within 21 days of service of complaint, or if defendant has waived service pursuant to Fed. R. Civ. P. 4(d), within 60 days after the request for waiver was sent. Signed by Judge Jeffrey A. Meyer on 5/9/2018. (Potter, A.)
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| Filing 2 MOTION for Attorney(s) to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4824183) by Alain Vignon. (Phelan, Gary) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4824158.), filed by Alain Vignon. (Attachments: #1 Civil Cover Sheet)(Phelan, Gary) |
| Request for Clerk to issue summons as to All Defendants. (Phelan, Gary) |
| Judge Jeffrey A. Meyer added. (Oliver, T.) |
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