Merco Holdings, LLC et al v. Bousbib et al
| DetailManagement LLC, David Merenstein, Elite Investment Properties, Inc., Merco Holdings, LLC and Esther Merenstein |
| Farmington Real Estate Holdings, LLC, Alabama Brook #2 LLC, Orohena LLC, Fieldside Apartments, LLC, CT Deros LLC, Diamond Court CT, LLC, Renwood Real Estate Holdings, LLC, Meknes LLC, North Haven Apts LLC, Seramonte Estates AB, LLC, Renwood Apartments, LLC, Brookstone Homes, LLC, Pine Meadow Townhouse, LLC, Forest Park Office Green, LLC, Ivy Woods CT, LLC, Seramonte Estates, LLC, Waterbury Plaza, LLC, Ari Bousbib, CT Karka LLC, Alabama Brook LLC, Valley View Townhouse, LLC, Oakridge Realty, LLC, Briarwood Hills LLC, Austin Heights CT LLC, Bunker Hill Properties LLC, Helene Irrmann-Bousbib, Hunters Crossing, LLC and Forest Park Apartment Homes LLC |
| 3:2020cv01688 |
| November 10, 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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| Filing 14 NOTICE of Appearance by Robert A Ziegler on behalf of DetailManagement LLC, Elite Investment Properties, Inc., Merco Holdings, LLC, David Merenstein, Esther Merenstein (Ziegler, Robert) |
| Filing 13 RESPONSE re 7 Order,,,,,,,, by Alabama Brook #2 LLC, Alabama Brook LLC, Austin Heights CT LLC, Ari Bousbib, Briarwood Hills LLC, Brookstone Homes, LLC, Bunker Hill Properties LLC, CT Deros LLC, CT Karka LLC, Diamond Court CT, LLC, Farmington Real Estate Holdings, LLC, Fieldside Apartments, LLC, Forest Park Apartment Homes LLC, Forest Park Office Green, LLC, Hunters Crossing, LLC, Helene Irrmann-Bousbib, Ivy Woods CT, LLC, Meknes LLC, North Haven Apts LLC, Oakridge Realty, LLC, Orohena LLC, Pine Meadow Townhouse, LLC, Renwood Apartments, LLC, Renwood Real Estate Holdings, LLC, Seramonte Estates AB, LLC, Seramonte Estates, LLC, Valley View Townhouse, LLC, Waterbury Plaza, LLC- Defendants' Submission of Authorities Re: Lack of Diversity Jurisdiction. (Attachments: #1 Copy Of Unpublished Decision)(Fleischer, Robert) |
Filing 12
ORDER : Plaintiffs' motion (ECF No. #9 ) for an extension of time until January 16, 2021 in which to file a "Supplemental Statement of Citizenship" is granted. Signed by Judge Michael P. Shea on 12/2/2020. (Constantine, A.)
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| Filing 11 NOTICE of Appearance by Robert M. Fleischer on behalf of Alabama Brook #2 LLC, Alabama Brook LLC, Austin Heights CT LLC, Ari Bousbib, Briarwood Hills LLC, Brookstone Homes, LLC, Bunker Hill Properties LLC, CT Deros LLC, CT Karka LLC, Diamond Court CT, LLC, Farmington Real Estate Holdings, LLC, Fieldside Apartments, LLC, Forest Park Apartment Homes LLC, Forest Park Office Green, LLC, Hunters Crossing, LLC, Helene Irrmann-Bousbib, Ivy Woods CT, LLC, Meknes LLC, North Haven Apts LLC, Oakridge Realty, LLC, Orohena LLC, Pine Meadow Townhouse, LLC, Renwood Apartments, LLC, Renwood Real Estate Holdings, LLC, Seramonte Estates AB, LLC, Seramonte Estates, LLC, Valley View Townhouse, LLC, Waterbury Plaza, LLC (Fleischer, Robert) |
| Filing 10 NOTICE of Appearance by Jeffrey M. Sklarz on behalf of Alabama Brook #2 LLC, Alabama Brook LLC, Austin Heights CT LLC, Ari Bousbib, Briarwood Hills LLC, Brookstone Homes, LLC, Bunker Hill Properties LLC, CT Deros LLC, CT Karka LLC, Diamond Court CT, LLC, Farmington Real Estate Holdings, LLC, Fieldside Apartments, LLC, Forest Park Apartment Homes LLC, Forest Park Office Green, LLC, Hunters Crossing, LLC, Helene Irrmann-Bousbib, Ivy Woods CT, LLC, Meknes LLC, North Haven Apts LLC, Oakridge Realty, LLC, Orohena LLC, Pine Meadow Townhouse, LLC, Renwood Apartments, LLC, Renwood Real Estate Holdings, LLC, Seramonte Estates AB, LLC, Seramonte Estates, LLC, Valley View Townhouse, LLC, Waterbury Plaza, LLC (Sklarz, Jeffrey) |
| Filing 9 MOTION for Extension of Time until January 15, 2021 to file Supplemental Statement of Citizenship to allow the Plaintiff to undergo limited discovery by DetailManagement LLC, Elite Investment Properties, Inc., Merco Holdings, LLC, David Merenstein, Esther Merenstein. (Martin, Taryn) |
| Filing 8 NOTICE by DetailManagement LLC, Elite Investment Properties, Inc., Merco Holdings, LLC, David Merenstein, Esther Merenstein Initial Statement of Citizenship (Martin, Taryn) |
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Filing 7
ORDER: Because of the limited jurisdiction of the federal courts, it is "incumbent upon th[e] court to raise the question of subject matter jurisdiction sua sponte whenever it appears from the pleadings or otherwise that jurisdiction is lacking." John Birch Soc. v. Nat'l Broad. Co., 377 F.2d 194, 199 (2d Cir. 1967). See Fed. R. Civ. P. 12(h). In the instant case, Plaintiffs allege that federal jurisdiction to adjudicate the dispute between the parties rests on grounds of diversity of citizenship. 28 U.S.C. 1332(a). Plaintiffs sue a number of defendant limited liability companies (LLCs). For each LLC, plaintiffs identify the state of registration and business address. However, for purposes of diversity jurisdiction, an LLC is deemed a citizen of every state in which its members are citizens. See Handelsman v. Bedford Vill. Associates Ltd. P'ship, 213 F.3d 48, 52 (2d Cir. 2000) ("[D]efendants Bedford Partnership and Bedford LLC are, for diversity purposes, citizens of Florida because both entities have Florida members.") The complaint fails to identify the citizenship of the members of the defendant LLCS. "[T]he party who seeks the exercise of jurisdiction" in federal court "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, plaintiffs shall file on the docket a statement setting forth the citizenship of each member of each LLC. If any member is itself an LLC, the Plaintiffs must provide the citizenship of each member of that LLC and so on until a non-LLC member is identified and sufficient facts are provided to identify the citizenship of that member. If Plaintiffs are unable to do so, they may take limited discovery aimed at identifying the citizenship of the defendant LLCs' members. Failure to comply with this order will result in dismissal of the complaint without prejudice. Signed by Judge Michael P. Shea on 11/16/2020. (Constantine, A.)
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| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Alabama Brook #2 LLC, Alabama Brook LLC, Austin Heights CT LLC, Ari Bousbib, Briarwood Hills LLC, Brookstone Homes, LLC, Bunker Hill Properties LLC, CT Deros LLC, CT Karka LLC, Diamond Court CT, LLC, Farmington Real Estate Holdings, LLC, Fieldside Apartments, LLC, Forest Park Apartment Homes LLC, Forest Park Office Green, LLC, Hunters Crossing, LLC, Helene Irrmann-Bousbib, Ivy Woods CT, LLC, Meknes LLC, North Haven Apts LLC, Oakridge Realty, LLC, Orohena LLC, Pine Meadow Townhouse, LLC, Renwood Apartments, LLC, Renwood Real Estate Holdings, LLC, Seramonte Estates AB, LLC, Seramonte Estates, LLC, Valley View Townhouse, LLC, Waterbury Plaza, LLC* with answer to complaint due within *21* days. Attorney *Taryn D. Martin* *Law Office of Robert A. Ziegler* *58 E. Main St.* *Plainville, CT 06062*. (Peterson, M) |
| Filing 5 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 #2 Order on Pretrial Deadlines, #1 Complaint, filed by Merco Holdings, LLC, Esther Merenstein, DetailManagement LLC, David Merenstein, Elite Investment Properties, Inc., #3 Electronic Filing Order, #4 Protective Order Signed by Clerk on 11/12/2020. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 11/11/2020. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 11/11/2020. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 1/10/2021. Discovery due by 5/13/2021. Dispositive Motions due by 6/17/2021. Signed by Clerk on 11/11/2020. (Peterson, M)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-6215116.), filed by DetailManagement LLC, Merco Holdings, LLC, Elite Investment Properties, Inc., David Merenstein, Esther Merenstein. (Attachments: #1 Civil Cover Sheet)(Martin, Taryn) |
| Request for Clerk to issue summons as to All Defendants. (Martin, Taryn) |
| Judge Michael P. Shea added. (Oliver, T.) |
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