Breen v. Colonial Van Lines, Inc. et al
| Jane Breen |
| Beast Coast Moving, LLC and Colonial Van Lines, Inc. |
| 3:2020cv00195 |
| February 11, 2020 |
| 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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| Document Text |
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| Filing 21 Supplemental REPORT of Rule 26(f) Planning Meeting. (Kenney, Michael) |
Filing 20
ORDER. The parties' revised 26(f) report was due by March 12, 2020. No revised report has been filed to date. The parties shall file a revised 26(f) report within 7 days. Signed by Judge Michael P. Shea on 3/30/2020. (Karpman, Michael)
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| Filing 19 RESPONSE re 18 Order,,, as to Citizenship of Member(s) of Beast Coast Moving, LLC filed by Beast Coast Moving, LLC. (Kenney, Michael) |
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Filing 18
ORDER. As discussed during today's call, the parties are directed to file a revised 26(f) report by March 12, 2020. Also, as discussed, the notice of removal does not adequately allege the citizenship of Defendant Beast Coast Moving LLC. For limited liability companies, citizenship is determined by the citizenship of its members. 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.") Beast Coast is directed to file a statement of citizenship by March 9, 2020. The statement should indicate the citizenship of each of its members. If any member of Beast Coast is an LLC or a partnership, the statement of citizenship should also indicate the citizenship of that LLC or partnership. Signed by Judge Michael P. Shea on 3/5/2020. (Karpman, Michael)
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| Set Deadlines: Rule 26 Meeting Report due by 3/12/2020 (Johnson, D.) |
| Filing 17 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 3/5/2020. 10 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 3/6/2020 10:00 AM before Judge Michael P. Shea (Johnson, D.) |
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Filing 16
ORDER. The telephonic status conference scheduled for March 6, 2020 at 10:00 a.m. is RESCHEDULED for March 5, 2020 at 10:00 a.m. Signed by Judge Michael P. Shea on 3/2/2020. (Karpman, Michael)
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Filing 15
ORDER. The Court will hold a telephonic status conference on March 6, 2020 at 10:00 a.m. to discuss the parties Rule 26(f) report. Signed by Judge Michael P. Shea on 3/2/2020. (Karpman, Michael)
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| Filing 14 Joint REPORT of Rule 26(f) Planning Meeting. (Kenney, Michael) |
| Filing 13 RESPONSE re 10 Order,,,, filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc.. (Kenney, Michael) |
| Filing 12 NOTICE of Appearance by Misty Rae Percifield on behalf of Jane Breen (Percifield, Misty) |
| Filing 11 NOTICE of Appearance by Jeffrey L. Ment on behalf of Jane Breen (Ment, Jeffrey) |
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Filing 10
ORDER. The #1 notice of removal does not adequately establish the Court's diversity jurisdiction. Specifically, the #1 notice of removal does not allege Plaintiff's citizenship. For individual parties, a notice of removal must allege either citizenship or domicile (from which the Court can infer citizenship). Alleging only residence is insufficient. 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) ("[I]t 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, Defendant shall file a statement of citizenship establishing complete diversity of citizenship. Signed by Judge Michael P. Shea on 2/18/2020. (Karpman, Michael)
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| Filing 9 RESPONSE re #8 Electronic Service Documents,, Response to 8-1 - Standing Order for Cases Removed from Superior Court filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc.. (Kenney, Michael) |
| 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 #1 Notice of Removal, filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc., #6 Electronic Filing Order, #4 Order on Pretrial Deadlines, #5 Corporate Disclosure Statement filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc., 3 Notice 83.1,, #7 Protective Order, #2 Notice (Other) filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc. Signed by Clerk on 02/12/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
| Filing 5 Corporate Disclosure Statement by Beast Coast Moving, LLC, Colonial Van Lines, Inc.. (Kenney, Michael) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 02/11/2020. (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 02/11/2020. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 4/11/2020. Discovery due by 8/12/2020. Dispositive Motions due by 9/16/2020. Signed by Clerk on 02/11/2020. (Peterson, M)
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| Filing 3 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 02/11/2020. (Peterson, M) |
| Filing 2 NOTICE by Beast Coast Moving, LLC, Colonial Van Lines, Inc. Statement of no Pending Motions (Kenney, Michael) |
| Filing 1 NOTICE OF REMOVAL by Beast Coast Moving, LLC, Colonial Van Lines, Inc. from Connecticut Superior Court, J.D. of Hartford at Hartford, case number HHD-CV20-6122872-S. Filing fee $ 400 receipt number ACTDC-5689050, filed by Beast Coast Moving, LLC, Colonial Van Lines, Inc..(Kenney, Michael) |
| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
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