Bonomo v. Kurtz Truck Equipment, Inc et al
| David Bonomo |
| Kurtz Truck Equipment, Inc, Engineered Controls International, LLC and Base Engineering, Inc |
| 3:2020cv01608 |
| October 26, 2020 |
| U.S. District Court for the District of Connecticut |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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Filing 32
ORDER: Defendant Base Engineering's notice (ECF No. 24) does not comply with this Court's order or the requirement to establish diversity jurisdiction. Because Defendant Base Engineering removed this case from state court, it bears "the burden of proving that the case is properly in federal court." United Food & Com. Workers Union, Loc. 919 v. CenterMark Props. Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994). Its response (ECF No. 24) to the Court's order indicates that it has not yet ascertained the information needed to demonstrate that the Court has subject matter jurisdiction. To the extent that Base Engineering suggests that the information is contained in Engineered Controls International, LLC's corporate disclosure, it is mistaken. Corporate disclosures filed under Rule 7.1 of the Federal Rules of Civil Procedure do not require a limited liability company to disclose the citizenship of each of its members. (Furthermore, citizenship is not established by mere residence, as Base Engineering's notice suggests, nor is it established, with respect to a LLC or limited partnership by place of business.) The corporate disclosure statement filed by Engineered Controls International, LLC (ECF No. 27) does not provide sufficient information to ascertain whether the LLC has members who are citizens of Connecticut. The Court will give the Defendant a final opportunity to carry its burden of demonstrating that the Court has subject matter jurisdiction. The Defendant shall have 14 days to file a revised statement showing that this Court has jurisdiction. If the Defendant's revised statement does not satisfy the Defendant's burden to demonstrate jurisdiction, the Court will remand the case to state court. The pending motions (ECF Nos. #26 #29 #30 #31 ) are denied without prejudice and the deadlines stayed until the Court determines whether or not there is has subject matter jurisdiction. Signed by Judge Michael P. Shea on 12/10/2020. (Constantine, A.)
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| Filing 31 Second MOTION for Extension of Time until December 24, 2020 to file a responsive pleading to the Plaintiff's Complaint by Base Engineering, Inc. (Rhodes, Robert) |
| Filing 30 MOTION for Extension of Time until January 11, 2021 To file an Opposition to Def ECI Motion to Dismiss #26 MOTION to Dismiss for Lack of Jurisdiction by David Bonomo. (Ostrowski, Mark) |
| Filing 29 Second MOTION for Extension of Time until December 18, 2020 Time to Plead by Kurtz Truck Equipment, Inc. (Antkowiak, Jon) |
| Filing 28 NOTICE of Appearance by Michelle M. Seery on behalf of Engineered Controls International, LLC (Seery, Michelle) |
| Filing 27 Corporate Disclosure Statement by Engineered Controls International, LLC. (McCormack, Michael) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction by Engineered Controls International, LLC.Responses due by 12/11/2020 (Attachments: #1 Memorandum in Support)(McCormack, Michael) |
| Filing 25 NOTICE of Appearance by Robert Avery Rhodes on behalf of Base Engineering, Inc (Rhodes, Robert) |
| Filing 24 RESPONSE re 14 Order,,, filed by Base Engineering, Inc. (Attachments: #1 Exhibit ECI Annual Report)(Rhodes, Robert) |
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Filing 23
ORDER: Defendant Kurtz Truck Equipment, Inc.'s motion (ECF No. #22 ) for an extension of time until 12/4/20 in which to file a response to the complaint is granted. Signed by Judge Michael P. Shea on 11/16/2020. (Constantine, A.)
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| Answer deadline updated for Kurtz Truck Equipment, Inc to 12/4/2020. (Johnson, D.) |
| Filing 22 MOTION for Extension of Time until December 4, 2020 To File A Responsive Pleading to the Plaintiff's Complaint by Kurtz Truck Equipment, Inc. (Antkowiak, Jon) |
| Set Deadlines/Hearings: Base Engineering's response due by 11/19/2020. See ECF No. 14. (Constantine, A.) |
| Filing 21 Corporate Disclosure Statement by Kurtz Truck Equipment, Inc. (Antkowiak, Jon) |
| Filing 20 NOTICE of Appearance by Jon P. Antkowiak, I on behalf of Kurtz Truck Equipment, Inc (Antkowiak, Jon) |
| Answer deadline updated for Base Engineering, Inc to 12/10/2020. (Johnson, D.) |
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Filing 19
ORDER : Defendant Base Engineering's consented-to motion (ECF No. #18 ) for an extension of time until 12/10/20 in which to file a response to the complaint is granted. Signed by Judge Michael P. Shea on 11/9/2020. (Constantine, A.)
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| Filing 18 MOTION for Extension of Time until 12/10/2020 To Answer Complaint by Base Engineering, Inc. (Fogerty, Stephen) |
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Filing 17
ORDER : Defendant Engineered Controls International, LLC's motion for an extension of time until November 25, 2020 (ECF No. #16 ) in which to file a response to the complaint is granted. Signed by Judge Michael P. Shea on 11/2/20. (Constantine, A.)
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| Answer deadline updated for Engineered Controls International, LLC to 11/25/2020. (Johnson, D.) |
| Filing 16 MOTION for Extension of Time until November 25, 2020 Respond to Complaint by Engineered Controls International, LLC. (McCormack, Michael) |
| Filing 15 NOTICE of Appearance by Michael T. McCormack on behalf of Engineered Controls International, LLC (McCormack, Michael) |
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Filing 14
ORDER: On October 26, 2020, Defendant Base Engineering Inc. filed a Notice of Removal (ECF No. #1 ) in this action alleging federal jurisdiction based on diversity of citizenship between the parties. Because one of the Defendants, Engineered Controls International, LLC, is a limited liability company, Defendant must demonstrate that diversity exists between Plaintiff and each member of each Defendant LLC. See Carden v. Arkoma Associates, 494 U.S. 185, 189 (1990). Therefore, within 21 days, Defendant Base Engineering Inc. must provide the Court with the citizenship of each of the members of Engineered Controls International, LLC. If any of its members is itself an LLC or partnership, Defendant Base Engineering Inc. must provide the citizenship of each member or partner of such LLC or partnership. Signed by Judge Michael P. Shea on 10/29/20. (Constantine, A.)
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| Filing 13 NOTICE of Appearance by Mark Kean Ostrowski on behalf of David Bonomo (Ostrowski, Mark) |
| Filing 12 NOTICE of Appearance by William J. Ronalter on behalf of David Bonomo (Ronalter, William) |
| Filing 11 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 #5 Notice (Other) filed by Base Engineering, Inc, #7 Notice (Other) filed by Base Engineering, Inc, #10 Protective Order, #6 Notice (Other) filed by Base Engineering, Inc, #4 Corporate Disclosure Statement filed by Base Engineering, Inc, #9 Electronic Filing Order, #3 Notice (Other) filed by Base Engineering, Inc, #8 Order on Pretrial Deadlines, #2 Notice of Appearance filed by Base Engineering, Inc, #1 Notice of Removal filed by Base Engineering, Inc Signed by Clerk on 10/28/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 10/26/2020. (Peterson, M)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 10/26/2020. (Peterson, M)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 12/25/2020. Discovery due by 4/27/2021. Dispositive Motions due by 6/1/2021. Signed by Clerk on 10/26/2020. (Peterson, M)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 7 NOTICE by Base Engineering, Inc Notice re: Rule 5(b) (Fogerty, Stephen) |
| Filing 6 NOTICE by Base Engineering, Inc Notice Pursuant to Standing Order (Fogerty, Stephen) |
| Filing 5 NOTICE by Base Engineering, Inc Certificate of Filing Copy of Notice of Removal in State Court (Fogerty, Stephen) |
| Filing 4 Corporate Disclosure Statement by Base Engineering, Inc. (Fogerty, Stephen) |
| Filing 3 NOTICE by Base Engineering, Inc re: Outstanding Motions (Fogerty, Stephen) |
| Filing 2 NOTICE of Appearance by Stephen P. Fogerty on behalf of Base Engineering, Inc (Fogerty, Stephen) |
| Filing 1 NOTICE OF REMOVAL by Base Engineering, Inc from Hartford Superior Court, case number HHD-CV-20-6133424-S. Filing fee $ 400 receipt number BCTDC-6181771, filed by Base Engineering, Inc.(Fogerty, Stephen) |
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