Demello v. Fitness International, LLC
Plaintiff: Angela L Demello and Angela Demello
Defendant: Fitness International, LLC
Case Number: 3:2020cv00514
Filed: April 16, 2020
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2020 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)
May 18, 2020 Opinion or Order 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)
May 13, 2020 Filing 15 NOTICE of Appearance by Anastasios T. Savvaides on behalf of Angela L Demello (Savvaides, Anastasios)
May 8, 2020 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)
May 6, 2020 Filing 13 NOTICE of Appearance by John M. Varrone on behalf of Angela L Demello 10698 (Varrone, John)
April 24, 2020 Opinion or Order 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)
April 22, 2020 Filing 11 NOTICE by Fitness International, LLC of Statement Pursuant to Standing Order on Removed Cases (O'Leary, Kevin)
April 22, 2020 Filing 10 Corporate Disclosure Statement by Fitness International, LLC. (O'Leary, Kevin)
April 22, 2020 Filing 9 ANSWER to Complaint (Notice of Removal) by Fitness International, LLC. (Attachments: #1 Exhibit A., Membership Agreement)(O'Leary, Kevin)
April 21, 2020 Filing 8 NOTICE of Appearance by Christopher Gerard Betke on behalf of Fitness International, LLC (Betke, Christopher)
April 17, 2020 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)
April 16, 2020 Opinion or Order Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/16/2020. (Peterson, M)
April 16, 2020 Opinion or Order 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)
April 16, 2020 Opinion or Order 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)
April 16, 2020 Filing 3 NOTICE of Appearance by Lesley P. Chuang on behalf of Fitness International, LLC (Chuang, Lesley)
April 16, 2020 Judge Michael P. Shea added. (Oliver, T.)
April 16, 2020 Filing 2 NOTICE by Fitness International, LLC of No Pending Motions (O'Leary, Kevin)
April 16, 2020 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)

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Plaintiff: Angela L Demello
Represented By: John M. Varrone
Represented By: Anastasios T. Savvaides
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Plaintiff: Angela Demello
Represented By: John M. Varrone
Represented By: Anastasios T. Savvaides
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Defendant: Fitness International, LLC
Represented By: Kevin J. O'Leary
Represented By: Lesley P. Chuang
Represented By: Christopher Gerard Betke
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