BMO Harris Bank N.A. v. AC Auto Carriers, LLC et al
| BMO Harris Bank N.A. |
| Bryan Andrade, Kenneth Andrade, AC Auto Carriers, LLC and Steven Capodicasa |
| 3:2020cv00797 |
| June 9, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.
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| 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.) |
Filing 17
ORDER. The #16 consent motion for extension is hereby GRANTED.Signed by Judge Michael P. Shea on 7/22/2020. (Super, John)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 11 NOTICE of Appearance by Joseph L. Rini on behalf of AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa (Rini, Joseph) |
| 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) |
| 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) |
| Request for Clerk to issue summons as to AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa. (Lynch, Christopher) |
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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)
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| 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) |
| 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) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 06/09/2020. (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 06/09/2020. (Peterson, M)
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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)
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| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
| 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) |
| 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) |
| Request for Clerk to issue summons as to AC Auto Carriers, LLC, Bryan Andrade, Kenneth Andrade, Steven Capodicasa. (Lynch, Christopher) |
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