AT&T Corp v. From You Flowers, LLC
| AT&T Corp |
| From You Flowers, LLC |
| 3:2018cv01914 |
| November 26, 2018 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| 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 (Freberg, B) |
Filing 10
ELECTRONIC ORDER dismissing this case without prejudice. Plaintiff's #9 Affidavit of Paul R. Franke, III regarding subject-matter jurisdiction indicates that diversity jurisdiction is lacking, and so Plaintiff "respectfully requests that the Court dismiss the current action without prejudice and allow AT&T to file in the appropriate jurisdiction." Doc. #9 paras. 8, 9. Because Plaintiff's filing in this Court was predicated upon diversity jurisdiction and there is no other basis for federal subject-matter jurisdiction, the Court must dismiss this case. Fed. R. Civ. P. 12(h)(3); see also Fed. R. Civ. P. 41(a)(2) (allowing dismissal of action at the plaintiff's request on the court's terms). Accordingly, this action is DISMISSED WITHOUT PREJUDICE for lack of federal subject-matter jurisdiction, and the Clerk is directed to close the file. Signed by Judge Charles S. Haight, Jr. on 01/09/2019. (Chen, C.)
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| Filing 9 AFFIDAVIT Regarding Subject Matter Jurisdiction Signed By Paul R. Franke, III filed by AT&T Corp. (Attachments: #1 Exhibit 1)(Pitcher, Stacey) |
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Filing 8
ELECTRONIC ORDER granting #7 Plaintiff's Motion for Extension of Time to File Response to Order Regarding Subject Matter Jurisdiction, for good cause shown. The #1 Complaint has not yet been served and all deadlines stayed pending resolution of the jurisdictional issue, so there is no adverse party from whom to obtain their position on this motion. Accordingly, Plaintiff must file an affidavit in response to this Court's #5 Order Regarding Subject Matter Jurisdiction on or before January 8, 2019. On a related note, Plaintiff is reminded that motions for extension of time should be filed at least three (3) days before the deadline sought to be extended, and any motion for extension of time filed fewer than three days before the deadline should include reasons why the motion was not timely filed. See D. Conn. L. Civ. R. 7(b)(3). Signed by Judge Charles S. Haight, Jr. on 12/18/2018. (Chen, C.)
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| Filing 7 MOTION for Extension of Time to File Response to Order by AT&T Corp. (Pitcher, Stacey) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *From You Flowers, LLC* with answer to complaint due within *21* days. Attorney *Stacey L. Pitcher* *Obermayer Rebmann Maxwell & Hippel LLP* *185 Asylum Street 15th Floor* *Hartford, CT 06103*. (Freberg, B) |
| Request for Clerk to issue summons as to From You Flowers, LLC. (Pitcher, Stacey) |
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Filing 5
ORDER (see attached) as to the Court's subject matter jurisdiction over this case. The Court has reviewed the #1 Complaint and has determined that it fails to allege facts properly establishing that diversity of citizenship exists between the parties sufficient for this Court to have jurisdiction over this matter pursuant to 28 U.S.C. 1332. As discussed in the attached Order, Plaintiff is directed to establish, by affidavit, the proper citizenship(s) of each member of the Defendant, alleged to be a limited liability company, and to file such affidavit with this Court on or before December 18, 2018. All case deadlines are hereby stayed pending the Court's review of that affidavit. Signed by Judge Charles S. Haight, Jr. on 11/27/2018. (Chen, C.)
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| Filing 4 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 #1 Complaint filed by AT&T Corp, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 11/27/18.(Barry, Donna) |
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 11/26/18.(Barry, Donna)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 1/25/2019 Discovery due by 5/28/2019 Dispositive Motions due by 7/2/2019 Signed by Clerk on 11/26/18.(Barry, Donna)
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| Filing 1 COMPLAINT against From You Flowers, LLC ( Filing fee $400 receipt number ACTDC-5062162.), filed by AT&T Corp. (Attachments: #1 Exhibit Master Agreement)(Pitcher, Stacey) |
| Judge Charles S. Haight, Jr added. (Oliver, T.) |
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| Defendant: From You Flowers, LLC | |
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| Plaintiff: AT&T Corp | |
| Represented By: | Stacey L. Pitcher |
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