Detaiva v. Coty Inc. et al
| Robin Detaiva |
| Coty US LLC and Coty Inc. |
| 3:2020cv01936 |
| December 31, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Filing 15 MOTION to Remand to State Court by Robin Detaiva.Responses due by 3/19/2021 (Weber, Robert) |
Filing 14
ORDER: The amended notice of removal (ECF no. #9 ) adequately states diversity jurisdiction. Signed by Judge Michael P. Shea on 1/19/2021. (Constantine, A.)
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| Filing 13 ANSWER to Complaint (Notice of Removal) with Affirmative Defense by Coty Inc., Coty US LLC.(Lynch, Christopher) |
| Filing 12 NOTICE by Coty Inc., Coty US LLC of Compliance with Standing Orders in Removed Cases (Lynch, Christopher) |
| Filing 11 NOTICE by Coty Inc., Coty US LLC of No Pending Motions in State Court Action (Lynch, Christopher) |
| Filing 10 Corporate Disclosure Statement by Coty Inc., Coty US LLC. (Lynch, Christopher) |
| Filing 9 Amended NOTICE by Coty Inc., Coty US LLC of Removal (Lynch, Christopher) |
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Filing 8
ORDER : The #1 Notice of Removal does not state an adequate basis for the Court's subject matter jurisdiction. "Where... jurisdiction is asserted by a defendant in a removal petition, it follows that the defendant has the burden of establishing that removal is proper." United Food & Commercial Workers Union, Local 919, AFL-CIO v. CenterMark Properties Meriden Square, Inc., 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 Notice of Removal states that the "defendants are not Connecticut corporations and do not have their principal places of business in Connecticut." Defendant Coty is a corporation. A corporation is deemed a citizen of any state in which it is incorporated and of the state where it has its "principal place of business." 28 U.S.C. 1332(c)(1). Here, there is no indication of the state in which Coty is incorporated or the state in which it has its principal place of business. See Radcliffe v. Wright, No. 1:16-CV-9511-GHW, 2018 WL 3187338, at *4 (S.D.N.Y. June 28, 2018) (Where a corporate party's state of incorporation is not identified, the Court cannot ascertain whether there is diversity of citizenship); Sales v. Certain-Teed Corp., No. 3:14CV1542(CSH), 2014 WL 6085601, at *3 (D. Conn. Nov. 13, 2014) (statement in notice of removal that defendants are foreign entities with principal places of business outside of Connecticut is insufficient because it "says nothing about where th[e] defendants are incorporated."); Ganoe v. Lummis, 662 F.Supp. 718, 723 (S.D.N.Y. 1987) ("Naked allegations that the parties are citizens of different states, absent an averment of the particular states to which the parties are citizens, are insufficient to meet the pleading requirement."), aff'd, 841 F.2d 1116 (2d Cir. 1988).Neither can the Court determine the citizenship of the other defendant - Coty US, LLC. For a limited liability company, citizenship is determined by the citizenship of its members, 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 Notice of Removal must thus allege the identity and citizenship of each member of the defendant LLC. Moreover, if any of these members is itself an LLC, the Notice of Removal must allege the identity and citizen of each of its members, and so on. The Defendants are directed to file an amended Notice of Removal that states an adequate basis for this Court's jurisdiction within 14 days. Otherwise, this case will be remanded for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 1/11/2021. (Constantine, A.)
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| 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 #4 Order on Pretrial Deadlines, #3 Jury Demand filed by Coty US LLC, Coty Inc., #6 Protective Order, #2 Notice of Appearance filed by Coty US LLC, Coty Inc., #5 Electronic Filing Order, #1 Notice of Removal, filed by Coty US LLC, Coty Inc. Signed by Clerk on 01/04/2021. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 12/31/2020. (Peterson, M)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 12/31/2020. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 3/1/2021. Discovery due by 7/2/2021. Dispositive Motions due by 8/6/2021. Signed by Clerk on 12/31/2020. (Peterson, M)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 3 DEMAND for Trial by Jury by Coty Inc., Coty US LLC. (Lynch, Christopher) |
| Filing 2 NOTICE of Appearance by Christopher J. Lynch on behalf of Coty Inc., Coty US LLC (Lynch, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Coty US LLC, Coty Inc. from Superior Court State of Connecticut Judicial District of Milford at Milford, case number AAN-CV-21-6041099-S. Filing fee $ 402 receipt number ACTDC-6303630, filed by Coty US LLC, Coty Inc.. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B Notice to State Court of Removal)(Lynch, Christopher) |
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