Demello v. Fitness International, LLC
| Angela L Demello and Angela Demello |
| Fitness International, LLC |
| 3:2020cv00514 |
| April 16, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| P.I.: Other |
| 28:1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 NOTICE by Fitness International, LLC re 16 Order,,,,,, Defendant Fitness International, LLC's Second Statement on Diversity Jurisdiction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A., Affidavit of Robert Wilson)(O'Leary, Kevin) |
Filing 16
ORDER. The Court has reviewed the defendant's #14 statement regarding diversity jurisdiction and its attachments. The [14-1] stipulation as to the plaintiff's domicile and status as a legal permanent resident is sufficient at this time. The defendant explains that one of the members of "Pain in the Donkey, LLC" (a limited partner of "Seidler Fitness Holdings II, LP," which is a member of the defendant) is the "Pain in the Donkey Trust." ECF No. 14 at 3. The defendant states only that the trust is "domiciled in South Dakota." Id. As the Supreme Court held in Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012, 1016 (2016), some traditional trusts establish only fiduciary relationships and have no legal identity distinct from their trustees; these trusts have the citizenship of their trustee. Other trusts, however, are unincorporated legal entities under state law; such trusts take the citizenship of all their members, perhaps including shareholders or beneficiaries. Id.; see also Raymond Loubier Irrevocable Tr. v. Loubier, 858 F.3d 719, 729 (2d Cir. 2017).Within 14 days, the defendant shall file an additional statement setting forth the citizenship of the Pain in the Donkey Trust, including information regarding the type of trust, whether the trust is a legal entity under the relevant state law, and the citizenship of the trustee and any other relevant members.Signed by Judge Michael P. Shea on 5/18/2020. (Hausmann, Amy)
|
| Filing 15 NOTICE of Appearance by Anastasios T. Savvaides on behalf of Angela L Demello (Savvaides, Anastasios) |
| Filing 14 NOTICE by Fitness International, LLC re 12 Order,,,,,,,,,,,, Defendant's Statement regarding Diversity (Attachments: #1 Exhibit A., Stipulation, #2 Exhibit B., Request for Admission, #3 Exhibit C., Affidavit)(O'Leary, Kevin) |
| Filing 13 NOTICE of Appearance by John M. Varrone on behalf of Angela L Demello 10698 (Varrone, John) |
|
Filing 12
ORDER. In its #1 notice of removal, the defendant alleges diversity jurisdiction under 28 U.S.C. 1332. Courts have an "independent duty to examine [their] jurisdiction." United Food & Commercial Workers Union, Local 919 v. Centermark Props. Meriden Square, 30 F.3d 298, 301 (2d Cir. 1994). "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). The Court does not find sufficient allegations to support diversity jurisdiction. First, the plaintiff's complaint alleges that she is a "resident" of Connecticut, ECF No. 1-1 at 5, but neither the complaint nor any other document makes any allegations 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 defendant's notice of removal states that "[n]one of the members of the Member LLCs are citizens of Connecticut" and "none of the partners of the Member Partnership are citizens of Connecticut." ECF No. 1 at 3. Blanket assertions that the members of an LLC are not citizens of a non-diverse state are insufficient to establish complete diversity. Avant Capital Partners, LLC v. W108 Dev. LLC, No. 16-cv-3359, 2016 WL 3660756, at *2 (S.D.N.Y. Jun 30, 2016) ("The blanket assertion that none of [defendant LLC]'s members resides in Connecticut [does not] suffice."). The same is true for blanket assertions regarding the partners of a partnership. Mudge Rose Guthrie Alexander & Ferdon v. Pickett, 11 F. Supp. 2d 449, 451 (S.D.N.Y. 1998) (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.")."[T]he party who seeks the exercise of jurisdiction" in federal courts "must allege in his pleading the facts essential to show jurisdiction." McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). Therefore, within 14 days, Defendant Fitness International shall file a statement on the docket setting forth the citizenship of the plaintiff and affirmatively setting forth the citizenship of all of its own members. If the defendant cannot do so, it may take limited discovery aimed at identifying citizenship. Failure to respond to this order will result in a remand of this case for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 4/24/2020. (Hausmann, Amy)
|
| Filing 11 NOTICE by Fitness International, LLC of Statement Pursuant to Standing Order on Removed Cases (O'Leary, Kevin) |
| Filing 10 Corporate Disclosure Statement by Fitness International, LLC. (O'Leary, Kevin) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Fitness International, LLC. (Attachments: #1 Exhibit A., Membership Agreement)(O'Leary, Kevin) |
| Filing 8 NOTICE of Appearance by Christopher Gerard Betke on behalf of Fitness International, LLC (Betke, Christopher) |
| Filing 7 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 #6 Protective Order, #3 Notice of Appearance filed by Fitness International, LLC, #5 Electronic Filing Order, #1 Notice of Removal, filed by Fitness International, LLC, #4 Order on Pretrial Deadlines, #2 Notice (Other) filed by Fitness International, LLC Signed by Clerk on 04/17/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
|
Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/16/2020. (Peterson, M)
|
|
Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 04/16/2020. (Peterson, M)
|
|
Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/15/2020. Discovery due by 10/16/2020. Dispositive Motions due by 11/20/2020. Signed by Clerk on 04/16/2020. (Peterson, M)
|
| Filing 3 NOTICE of Appearance by Lesley P. Chuang on behalf of Fitness International, LLC (Chuang, Lesley) |
| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 2 NOTICE by Fitness International, LLC of No Pending Motions (O'Leary, Kevin) |
| Filing 1 NOTICE OF REMOVAL by Fitness International, LLC from Bridgeport Judicial District, case number FBT-CV20-6096276-S. Filing fee $ 400 receipt number ACTDC-5806971, filed by Fitness International, LLC. (Attachments: #1 Exhibit A., Summons and Complaint, #2 Exhibit B., Affidavit, #3 Exhibit C., Affidavit of Kevin J. O'Leary)(O'Leary, Kevin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
