Loan Acquisitions, LLC v. Franze
| Loan Acquisitions, LLC |
| Frank Franze |
| 3:2019cv01235 |
| August 8, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 10
ORDER. Plaintiff has filed a notice of voluntary dismissal under Rule 41(a)(1)(A)(i). The case is DISMISSED without prejudice. The Clerk is directed to close the case. Signed by Judge Michael P. Shea on 8/20/2019. (Karpman, Michael)
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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 9 NOTICE of Voluntary Dismissal by Loan Acquisitions, LLC (Elstein, Bruce) |
| Filing 8 NOTICE of Appearance by Bruce L. Elstein on behalf of Loan Acquisitions, LLC (Elstein, Bruce) |
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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). Loan Acquisitions assert that the Court has jurisdiction over this case under 28 U.S.C. 1332 because there is diversity of citizenship between the parties. The complaint states that Loan Acquisitions, LLC is a "Limited Liability Company organized under the laws of the state of Delaware." (ECF No. 1 at 4.) But the citizenship of a limited liability company is determined by the citizenship of its members, not its place of organization. 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). Moreover, the Complaint states the residence of Mr. Franze, but not his citizenship or his domicile. Citizenship is determined by an individual's domicile, not his residence. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 46 (2d Cir. 1996) ("Because the complaint alleges only the residence, and not the citizenship, of some of the plaintiffs, we cannot determine whether diversity jurisdiction exists."); see also John Birch Soc. v. National Broadcasting Co., 377 F.2d 194, 199 (2d Cir. 1967) ("It has long been held that a statement of residence, unlike domicile, tells the court only where the parties are living and not of which state they are citizens."). Within 14 days, Loan Acqusitions shall file a response on the docket stating the citizenship of each of its members. If any member of Loan Acquisitions, LLC is itself an LLC, Loan Acquisitions must also state the citizenship of each member of that LLC. The response should also state Mr. Franze's domicile. Signed by Judge Michael P. Shea on 8/9/2019. (Karpman, Michael)
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| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Frank Franze* with answer to complaint due within *21* days. Attorney *John J. Ribas* *Goldman, Gruder & Woods, LLC* *105 Technology Drive* *Trumbull, CT 06611*. (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, #3 Electronic Filing Order, #1 Complaint filed by Loan Acquisitions, LLC 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 08/08/2019. (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 08/08/2019. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/7/2019. Discovery due by 2/7/2020. Dispositive Motions due by 3/13/2020. Signed by Clerk on 08/08/2019. (Peterson, M)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5392283.), filed by Loan Acquisitions, LLC.(Woods, Matthew) |
| Request for Clerk to issue summons as to Frank Franze. (Woods, Matthew) |
| Judge Michael P. Shea added. (Anastasio, F.) |
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| Defendant: Frank Franze | |
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| Plaintiff: Loan Acquisitions, LLC | |
| Represented By: | John J. Ribas |
| Represented By: | Bruce L. Elstein |
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