Lemire v. Alfred Benesch & Company, LLC et al
| Bethany Lemire |
| Alfred Benesch & Company, LLC, South Coast Development, LLC, Alfred Benesch & Company, Inc, James P Purcell Associates, Inc and James P Purcell Assoc Inc |
| 3:2019cv01724 |
| November 1, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 22 REPORT of Rule 26(f) Planning Meeting. (Napoli, Esq., Michelle) |
| Filing 21 EXHIBIT A by South Coast Development, LLC re #20 MOTION to Compel Motion For Stay and To Compel Arbitration of Cross Claims. (Napoli, Esq., Michelle) |
| Filing 20 MOTION to Compel Motion For Stay and To Compel Arbitration of Cross Claims by South Coast Development, LLC.Responses due by 1/8/2020 (Napoli, Esq., Michelle) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Bethany Lemire.(Harrington, James) |
Filing 18
ORDER. The plaintiff's #17 motion to amend her complaint in order to change the naming of the party Alfred Benesch & Company is GRANTED. The amendment shall relate back to the date of the original pleading under Fed. R. Civ. P. 15(c)(1)(C). The plaintiff need not serve a new summons and complaint on "Alfred Benesch & Company, Inc.," since that entity already received notice of the action, consented to removal (ECF No. #9 ), and filed an answer (ECF No. #16 ), thereby waiving any challenge to personal jurisdiction or to the service of the state court complaint. Signed by Judge Michael P. Shea on 12/4/2019. (Hausmann, Amy)
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| Filing 17 First MOTION to Amend/Correct Complaint by Bethany Lemire.Responses due by 12/24/2019 (Harrington, James) |
| Filing 16 AMENDED ANSWER to Complaint with Affirmative Defenses and Special Defenses , CROSSCLAIM against South Coast Development, LLC by Alfred Benesch & Company, LLC. (DiVincentis, Alfred) |
| Filing 15 ANSWER to #13 Answer to Complaint, Crossclaim and Affirmative Defenses by South Coast Development, LLC.(Napoli, Esq., Michelle) |
| Filing 14 Corporate Disclosure Statement by Alfred Benesch & Company, LLC. (DiVincentis, Alfred) |
| Filing 13 ANSWER to Complaint with Affirmative Defenses and Special Defenses , CROSSCLAIM against South Coast Development, LLC by Alfred Benesch & Company, LLC.(DiVincentis, Alfred) |
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Filing 12
ORDER. The defendants' #11 response appears to allege an adequate basis for federal subject matter jurisdiction. Therefore, defendants shall respond to the plaintiff's complaint within 7 days of this Order. See Fed. R. Civ. P. 81(c) ("A defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (A) 21 days after receivingthrough service or otherwisea copy of the initial pleading stating the claim for relief; (B) 21 days after being served with the summons for an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is filed."). Signed by Judge Michael P. Shea on 11/13/2019. (Hausmann, Amy)
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| Filing 11 RESPONSE TO 10 Order,,,,,,, by Alfred Benesch & Company, LLC, South Coast Development, LLC filed by Alfred Benesch & Company, LLC, South Coast Development, LLC. (Napoli, Esq., Michelle) |
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Filing 10
ORDER. The #1 Notice of Removal, brought by South Coast Development, LLC and joined by Alfred Benesch & Company, LLC, does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332. First, the Notice alleges that the plaintiff is a "resident of the state of California." ECF No. 1 at 2. Neither the state court materials nor the Notice of Removal make any allegations or provide information regarding the plaintiff's citizenship, which is different from mere residence. To be a citizen of a state for the purposes of diversity jurisdiction, an individual "must both be a citizen of the United States and be domiciled within the State." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). Second, the Notice does not properly allege the citizenship of defendants South Coast Development, LLC or Alfred Benesch & Company, LLC. "[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its membership." Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (internal citations omitted). The Notice of Removal therefore must allege the identity and citizenship of each member of South Coast Development, LLC and Alfred Benesch & Company, LLC. Neither the place of organization nor the principal place of business determine an LLC's citizenship for the purposes of diversity jurisdiction.Under 28 U.S.C. 1447(c), "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." Because the #1 Notice fails to state an adequate basis for the Court's jurisdiction, the defendants shall SHOW CAUSE within 14 days why this case should not be remanded for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 11/5/2019. (Hausmann, Amy)
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| Filing 9 NOTICE by Alfred Benesch & Company, LLC of Consent to Removal (DiVincentis, Alfred) |
| Filing 8 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 Corporate Disclosure Statement filed by South Coast Development, LLC, #2 Notice (Other) filed by South Coast Development, LLC, #1 Notice of Removal filed by South Coast Development, LLC, #6 Electronic Filing Order, #3 Notice (Other) filed by South Coast Development, LLC, #5 Order on Pretrial Deadlines, #7 Protective Order Signed by Clerk on 11/04/2019. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 11/01/2019. (Peterson, M)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 11/01/2019. (Peterson, M)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 12/31/2019. Discovery due by 5/2/2020. Dispositive Motions due by 6/6/2020. Signed by Clerk on 11/01/2019. (Peterson, M)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 4 Corporate Disclosure Statement by South Coast Development, LLC. (Napoli, Esq., Michelle) |
| Filing 3 NOTICE by South Coast Development, LLC re #1 Notice of Removal Statement Pursuant to Standing Order (Napoli, Esq., Michelle) |
| Filing 2 NOTICE by South Coast Development, LLC re #1 Notice of Removal Notice of Pending Motions (Napoli, Esq., Michelle) |
| Filing 1 NOTICE OF REMOVAL by South Coast Development, LLC from New London, case number KNL-Cv19-6043315-S. Filing fee $ 400 receipt number ACTDC-5512985, filed by South Coast Development, LLC.(Napoli, Esq., Michelle) |
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