BMO Harris Bank N.A. v. AC Auto Carriers, LLC et al
Plaintiff: BMO Harris Bank N.A.
Defendant: Bryan Andrade, Kenneth Andrade, AC Auto Carriers, LLC and Steven Capodicasa
Case Number: 3:2020cv00797
Filed: June 9, 2020
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2020 Answer deadline updated for AC Auto Carriers, LLC to 7/22/2020; Bryan Andrade to 7/22/2020; Kenneth Andrade to 7/22/2020; Steven Capodicasa to 7/22/2020. (Johnson, D.)
July 22, 2020 Opinion or Order Filing 17 ORDER. The #16 consent motion for extension is hereby GRANTED.Signed by Judge Michael P. Shea on 7/22/2020. (Super, John)
July 21, 2020 Filing 16 First MOTION for Extension of Time until 07/22/2020 file answer #15 Answer to Amended Complaint by AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa. (Rini, Joseph)
July 21, 2020 Filing 15 ANSWER to #9 Amended Complaint, with Affirmative Defenses and Special Defenses by AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa.(Rini, Joseph)
July 14, 2020 Filing 14 AFFIDAVIT of Service for Summons, Verified Complaint, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Electronic Filing Order in Civil Cases, Notice to Counsel and Self-Represented Parties, Standing Protective Order, and Order of Pretrial Deadlines served on AC Auto Carriers, LLC on June 11, 2020, filed by BMO Harris Bank N.A.. (Lynch, Christopher)
July 14, 2020 Filing 13 AFFIDAVIT of Service for Summons, Verified Complaint, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Electronic Filing Order in Civil Cases, Notice to Counsel and Self-Represented Parties, Standing Protective Order, and Order of Pretrial Deadlines served on Kenneth Andrade on June 11, 2020, filed by BMO Harris Bank N.A.. (Lynch, Christopher)
June 23, 2020 Filing 12 SUMMONS Returned Executed by BMO Harris Bank N.A.. AC Auto Carriers, LLC served on 6/16/2020, answer due 7/7/2020; Bryan Andrade served on 6/16/2020, answer due 7/7/2020; Kenneth Andrade served on 6/16/2020, answer due 7/7/2020; Steven Capodicasa served on 6/16/2020, answer due 7/7/2020. (Lynch, Christopher)
June 15, 2020 Filing 11 NOTICE of Appearance by Joseph L. Rini on behalf of AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa (Rini, Joseph)
June 15, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa* with answer to complaint due within *21* days. Attorney *Christopher A Lynch* *Reed Smith LLP - NY* *599 Lexington Avenue, 22nd Fl.* *New York, NY 10022*. (Peterson, M)
June 12, 2020 Request for Clerk to issue summons as to AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa. (Lynch, Christopher)
June 12, 2020 Filing 9 AMENDED COMPLAINT against AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa, filed by BMO Harris Bank N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Lynch, Christopher)
June 11, 2020 Opinion or Order Filing 8 ORDER. The #1 complaint does not state an adequate basis for the Court's subject matter jurisdiction. "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 citizenship of Defendant AC Auto Carriers, LLC is inadequately pled, preventing the Court from verifying that it has subject-matter jurisdiction over this case. More specifically, the Complaint alleges only the place of organization and principal place of business of AC Auto Carriers, LLC. But for limited liability companies, citizenship is determined by the citizenship of its members, and not its place of organization or principal place of business. 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.") (internal citation omitted). The complaint must thus allege the identity and citizenship of each member. Moreover, if any of these members is itself an LLC, the complaint must allege the identity and citizen of each of its members, and so on. Within 14 days, the Plaintiff is directed to file an amended complaint that states an adequate basis for this Court's jurisdiction, or this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 6/11/2020. (Karpman, Michael)
June 10, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa* with answer to complaint due within *21* days. Attorney *Christopher A Lynch* *Reed Smith LLP - NY* *599 Lexington Avenue, 22nd Fl.* *New York, NY 10022*. (Peterson, M)
June 10, 2020 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 #3 Order on Pretrial Deadlines, #5 Protective Order, #2 Corporate Disclosure Statement filed by BMO Harris Bank N.A., #4 Electronic Filing Order, #1 Complaint, filed by BMO Harris Bank N.A. Signed by Clerk on 06/10/2020.(Peterson, M)
June 9, 2020 Opinion or Order Filing 5 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 06/09/2020. (Peterson, M)
June 9, 2020 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 06/09/2020. (Peterson, M)
June 9, 2020 Opinion or Order Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 8/8/2020. Discovery due by 12/9/2020. Dispositive Motions due by 1/13/2021. Signed by Clerk on 06/09/2020. (Peterson, M)
June 9, 2020 Judge Michael P. Shea added. (Nuzzi, Tiffany)
June 9, 2020 Filing 2 Corporate Disclosure Statement by BMO Harris Bank, N.A. identifying Corporate Parent Bank of Montreal, a Canadian Banking Corporation for BMO Harris Bank, N.A.. (Lynch, Christopher)
June 9, 2020 Request for Clerk to issue summons as to AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa. (Lynch, Christopher)
June 9, 2020 Filing 1 COMPLAINT against AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa ( Filing fee $400 receipt number ACTDC-5906709.), filed by BMO Harris Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Lynch, Christopher)

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Defendant: Bryan Andrade
Represented By: Joseph L. Rini
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Defendant: Kenneth Andrade
Represented By: Joseph L. Rini
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Defendant: AC Auto Carriers, LLC
Represented By: Joseph L. Rini
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Defendant: Steven Capodicasa
Represented By: Joseph L. Rini
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Plaintiff: BMO Harris Bank N.A.
Represented By: Christopher A Lynch
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