Greater New York Mutual Insurance Co. v. Robbins Eye Center, PC et al
| Greater New York Mutual Insurance Co. |
| Commerce Park Associates, LLC, Kim P. Robbins, RDR Management, LLC and Robbins Eye Center, PC |
| 3:2019cv01741 |
| November 5, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Document Text |
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| Filing 23 NOTICE of Appearance by Robert D. Russo, III on behalf of RDR Management, LLC (Russo, Robert) |
| Filing 22 NOTICE of Appearance by Robert D. Russo, III on behalf of Commerce Park Associates, LLC (Russo, Robert) |
| Answer deadline updated for Kim P. Robbins to 1/3/2020; Robbins Eye Center, PC to 1/3/2020. (Johnson, D.) |
Filing 21
ORDER. The #19 motion by defendants Kim P. Robbins and Robbins Eye Center for extension of time until January 3, 2020 to respond to the #1 complaint is GRANTED. Signed by Judge Michael P. Shea on 12/4/2019. (Hausmann, Amy)
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| Filing 20 Corporate Disclosure Statement by Robbins Eye Center, PC. (Romney, Aaron) |
| Filing 19 MOTION for Extension of Time until January 3, 2020, on Consent, to Respond to Complaint #1 Complaint by Kim P. Robbins, Robbins Eye Center, PC. (Romney, Aaron) |
| Filing 18 NOTICE of Appearance by Aaron Romney on behalf of Kim P. Robbins, Robbins Eye Center, PC (Romney, Aaron) |
| Filing 17 NOTICE of Appearance by James M. Moriarty on behalf of Kim P. Robbins, Robbins Eye Center, PC (Moriarty, James) |
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Filing 16
ORDER. The Court has reviewed the plaintiff's #15 supplemental statement. The complaint and the statement together appear to set forth an adequate basis for federal subject matter jurisdiction. The defendants shall respond to the #1 complaint within 21 days after being served, as required by Fed. R. Civ. P. 12(a). Signed by Judge Michael P. Shea on 12/3/2019. (Hausmann, Amy)
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| Filing 15 NOTICE by Greater New York Mutual Insurance Co. Plaintiff's Supplemental Statement Regarding Subject-Matter Jurisdiction (DePatie, Jason) |
| Filing 14 NOTICE of Appearance by Colin B. Connor on behalf of RDR Management, LLC (Connor, Colin) |
| Filing 13 NOTICE of Appearance by Colin B. Connor on behalf of Commerce Park Associates, LLC (Connor, Colin) |
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Filing 12
ORDER. The plaintiff's #11 motion for extension of time until December 2, 2019 to confirm the membership and citizenship of defendants CPA and RDR is GRANTED.Signed by Judge Michael P. Shea on 11/21/2019. (Hausmann, Amy)
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| Filing 11 First MOTION for Extension of Time until December 2, 2019 to confirm membership and citizenship of members of defendants Commerce Park Associates, LLC and RDR Management, LLC by Greater New York Mutual Insurance Co.. (DePatie, Jason) |
| Filing 10 SUMMONS Returned Executed by Greater New York Mutual Insurance Co.. Commerce Park Associates, LLC served on 11/13/2019, answer due 12/4/2019; RDR Management, LLC served on 11/13/2019, answer due 12/4/2019; Kim P. Robbins served on 11/13/2019, answer due 12/4/2019; Robbins Eye Center, PC served on 11/13/2019, answer due 12/4/2019. (DePatie, Jason) |
| Filing 9 Corporate Disclosure Statement by Greater New York Mutual Insurance Co.. (DePatie, Jason) |
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Filing 8
ORDER. It appears that the #1 Complaint does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332 because it does not properly allege complete diversity. "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).Though the Complaint states that "CPA is a corporation" and "RDR is a corporation," ECF No. 1 at 19-20, it also lists those entities in the caption as LLCs. "[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). Neither the place of organization nor the principal place of business determine an LLC's citizenship for the purposes of diversity jurisdiction. Within 14 days, the plaintiff shall clarify whether Commerce Park Associates and RDR Management are corporations or LLCs; if they are LLCs, the plaintiff shall allege the identity and citizenship of each member of Commerce Park Associates, LLC and RDR Management, LLC. If the plaintiff cannot do so, it may take limited discovery aimed at identifying the citizenship of these defendants' members. Failure to respond to this order will result in dismissal of the case for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 11/6/2019. (Hausmann, Amy)
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| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Commerce Park Associates, LLC, RDR Management, LLC, Kim P. Robbins, Robbins Eye Center, PC* with answer to complaint due within *21* days. Attorney *Rhonda J. Tobin* *Robinson & Cole* *280 Trumbull St.* *Hartford, CT 06103-3597*. (Peterson, M) |
| 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 #1 Complaint filed by Greater New York Mutual Insurance Co., #2 Notice of Appearance filed by Greater New York Mutual Insurance Co., #3 Order on Pretrial Deadlines, #4 Electronic Filing Order, #5 Protective Order Signed by Clerk on 11/05/2019. (Peterson, M) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 11/05/2019. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 11/05/2019. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 1/4/2020. Discovery due by 5/6/2020. Dispositive Motions due by 6/10/2020. Signed by Clerk on 11/05/2019. (Peterson, M)
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| Filing 2 NOTICE of Appearance by Jason DePatie on behalf of Greater New York Mutual Insurance Co. (DePatie, Jason) |
| Filing 1 COMPLAINT For Declaratory Judgment against All Defendants ( Filing fee $400 receipt number ACTDC-5517938.), filed by Greater New York Mutual Insurance Company. (Attachments: #1 Exhibit A)(Tobin, Rhonda) |
| Request for Clerk to issue summons as to All Defendants. (Tobin, Rhonda) |
| Judge Michael P. Shea added. (Anastasio, F.) |
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