Merrimack Mutual Fire Insurance Co. v. Sherbacow et al
| Merrimack Mutual Fire Insurance Co. |
| Maryanne Sherbacow, Carrington Mortgage Services, LLC and Kenneth S. Sherbacow |
| 3:2019cv01223 |
| August 7, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
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 (Johnson, D.) |
Filing 31
ORDER OF DISMISSAL WITH PREJUDICE: This action has been reported settled. Therefore, this case is DISMISSED with prejudice. Rather than continue to keep the case open on the docket, the Clerk is directed administratively to close the file without prejudice to reopening on or before March 6, 2020. If the parties wish to file a stipulation of dismissal (for approval by the Court or simply for inclusion in the Court's file), they may do so on or before March 6, 2020. The dates set forth in this order may be extended for good cause pursuant to a motion filed in accordance with Local Rule 7. Signed by Judge Michael P. Shea on 2/5/2020. (Hausmann, Amy)
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Filing 30
ORDER. As stated on the record during the telephonic status conference, and for the reasons discussed on that call, the parties shall file a revised Rule 26(f) Report within 21 days.Signed by Judge Michael P. Shea on 1/17/2020. (Hausmann, Amy)
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| Filing 29 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 1/17/2020. 22 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 1/17/2020 10:00 AM before Judge Michael P. Shea (Johnson, D.) |
| Filing 28 NOTICE of Appearance by Alison Reilly Gillotti on behalf of Kenneth S. Sherbacow, Maryanne Sherbacow (Gillotti, Alison) |
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Filing 27
ORDER. The Court has reviewed the parties' #26 Rule 26(f) Report, in which the parties propose briefing on two legal issues. The Court will hold a telephonic status conference on January 17, 2020 at 10:00 AM to discuss the two issues identified in the Rule 26(f) Report (ECF No. #26 at 7). Signed by Judge Michael P. Shea on 1/13/2020. (Hausmann, Amy)
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| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Biller, Jon) |
| Set Deadlines: Rule 26 Meeting Report due by 11/15/2019 (Johnson, D.) |
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Filing 25
ORDER. The #24 joint motion for extension of time until November 15, 2019 to file the Rule 26(f) report is GRANTED.Signed by Judge Michael P. Shea on 11/5/2019. (Hausmann, Amy)
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| Filing 24 Consent MOTION for Extension of Time until November 15, 2019 to File the Parties Planning Report by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 23 Affirmative Defenses and ANSWER to #22 Answer to Complaint,, Counterclaim, by Merrimack Mutual Fire Insurance Co..(Blackburn, Stuart) |
| Filing 22 Defendants Kenneth S. Sherbacow and Maryanne Sherbacow's ANSWER to #1 Complaint, with Affirmative Defenses with Jury Demand , COUNTERCLAIM against Merrimack Mutual Fire Insurance Co. by Maryanne Sherbacow, Kenneth S. Sherbacow.(LeMoult, Michael) |
| Filing 21 NOTICE of Appearance by Michael J. LeMoult on behalf of Kenneth S. Sherbacow, Maryanne Sherbacow (LeMoult, Michael) |
| Filing 20 NOTICE of Appearance by Jon David Biller on behalf of Kenneth S. Sherbacow, Maryanne Sherbacow (Biller, Jon) |
| Filing 19 ANSWER to #1 Complaint, with Affirmative Defenses , COUNTERCLAIM against Merrimack Mutual Fire Insurance Co. by Carrington Mortgage Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 E)(Dym, Gabriel) |
| Filing 18 Supplemental RESPONSE re #15 Corporate Disclosure Statement, filed by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 17 WAIVER OF SERVICE Returned Executed as to Maryanne Sherbacow waiver sent on 8/15/2019, answer due 10/14/2019 filed by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 16 WAIVER OF SERVICE Returned Executed as to Kenneth S. Sherbacow waiver sent on 8/15/2019, answer due 10/14/2019 filed by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 15 Corporate Disclosure Statement by Carrington Mortgage Services, LLC identifying Corporate Parent Carrington Holding Company, LLC, Corporate Parent Carrington Investment Partners, L.P., Corporate Parent The Carrington Companies, LLC, Corporate Parent Carrington Capital Management, LLC for Carrington Mortgage Services, LLC. (Dym, Gabriel) |
| Filing 14 Supplemental RESPONSE re 13 Order,,,,,,,,, filed by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
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Filing 13
ORDER. The Court has reviewed the plaintiff's #12 Supplemental Response. The Supplemental Response, by reference to the #11 Corporate Disclosure Statement, does allege the citizenship of many of the members of the Defendant Carrington Mortgage Services, LLC. However, with respect to the entity Carrington Investment Partners, L.P., the Corporate Disclosure Statement lists only a general partner and does not indicate whether the entity has any limited partners. The citizenship of a limited partnership is determined by the citizenship of all the members of the limited partnership. See Carden v. Arkoma Assocs., 494 U.S. 185, 186, 195 (1990) (addressing the question "whether, in a suit brought by a limited partnership, the citizenship of the limited partners must be taken into account to determine diversity of citizenship among the parties" and deciding to "adhere to [its] oft-repeated rule that diversity jurisdiction in a suit by or against the entity depends on the citizenship of all the members") (internal quotation marks omitted); see also Mudge Rose Guthrie Alexander & Ferdon v. Pickett, 11 F. Supp. 2d 449, 451 (S.D.N.Y. 1998) ("In Carden v. Arkoma Associates, the Supreme Court [held that limited partnerships are] citizens of every state of which any of their limited partners is a citizen notwithstanding the fact that limited partners have no role in management of and virtually no liability for the debts of the partnership."). Therefore, in order to allege diversity jurisdiction, the plaintiff must identify and allege the citizenship of all the members of Carrington Investment Partners, L.P., including any limited partners. Within 7 days, plaintiff shall file a response on the docket identifying and alleging the citizenship of each of the members of Carrington Investment Partners, L.P. or alleging that Carrington Investment Partners, L.P. has no limited partners. To the extent that limited discovery is necessary for plaintiff to allege these facts, plaintiff's #10 Response requesting leave to conduct discovery on the issue of citizenship is GRANTED for this limited purpose. Signed by Judge Michael P. Shea on 8/21/2019. (Hausmann, Amy)
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| Filing 12 Supplemental RESPONSE re 7 Order,,,,,, #11 Corporate Disclosure Statement, filed by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 11 Corporate Disclosure Statement by Carrington Mortgage Services, LLC identifying Corporate Parent Carrington Holding Company, LLC, Corporate Parent Carrington Investment Partners, L.P., Corporate Parent The Carrington Companies, LLC, Corporate Parent Carrington Capital Management, LLC, Corporate Parent Carrington Capital Management, LLC for Carrington Mortgage Services, LLC. (Dym, Gabriel) |
| Filing 10 RESPONSE re 7 Order,,,,,, regarding subject matter jurisdiction by Merrimack Mutual Fire Insurance Co.. (Blackburn, Stuart) |
| Filing 9 SUMMONS Returned Executed by Merrimack Mutual Fire Insurance Co.. Carrington Mortgage Services, LLC served on 8/14/2019, answer due 9/4/2019. (Blackburn, Stuart) |
| Filing 8 NOTICE of Appearance by Gabriel T. Dym on behalf of Carrington Mortgage Services, LLC (Dym, Gabriel) |
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Filing 7
ORDER. The #1 complaint does not appear to state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). Merrimack asserts that the Court has jurisdiction over this case under 28 U.S.C. 1332 because there is complete diversity of citizenship between the parties. The complaint states that Carrington Mortgage Services LLC is a "Delaware corporation with a principal place of business in Anaheim, California." (ECF No. 1 3.) But the citizenship of a limited liability company is determined by the citizenship of its members, not its place of organization or principal place of business. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) ("[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its members.") (internal citation omitted). Within 14 days, Merrimack shall file a response on the docket alleging the citizenship of each of the members of Carrington Mortgage Services LLC. If any member of Carrington is itself an LLC, Merrimack must also allege the citizenship of each member of that LLC. If Merrimack is unable to allege the citizenship of Carrington's members, it may request leave to take limited discovery for that purpose. Signed by Judge Michael P. Shea on 8/12/2019. (Guevremont, Nathan)
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| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Carrington Mortgage Services, LLC, Kenneth S. Sherbacow, Maryanne Sherbacow* with answer to complaint due within *21* days. Attorney *Stuart G. Blackburn* *Two Concorde Way, Bldg 3C, PO Box 608* *Windsor Locks, CT 06096*. (Peterson, M) |
| Filing 5 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 #4 Protective Order, #2 Order on Pretrial Deadlines, #1 Complaint, filed by Merrimack Mutual Fire Insurance Co., #3 Electronic Filing Order Signed by Clerk on 08/08/2019. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/07/2019. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/07/2019. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/6/2019. Discovery due by 2/6/2020. Dispositive Motions due by 3/12/2020. Signed by Clerk on 08/07/2019. (Peterson, M)
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| Filing 1 COMPLAINT against Carrington Mortgage Services, LLC, Kenneth S. Sherbacow, Maryanne Sherbacow ( Filing fee $400 receipt number ACTDC-5390291.), filed by Merrimack Mutual Fire Insurance Co.(Blackburn, Stuart) Modified on 8/7/2019 to update parties (Anastasio, F.). |
| Request for Clerk to issue summons as to All Defendants. (Blackburn, Stuart) |
| Judge Michael P. Shea added. (Anastasio, F.) |
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