Brainsky v. ZeroLemon LLC
| Jeremy Brainsky |
| ZeroLemon LLC |
| 3:2021cv00076 |
| January 19, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Case remanded to State Court Judicial District of Ansonia/Milford. (Johnson, D.) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Johnson, D.) |
Filing 15
ORDER: The plaintiff has filed a Stipulation (ECF No. #14 ) that damages will not exceed $75,000 in this action. The Court therefore lacks subject matter jurisdiction under 28 U.S.C. 1332. Accordingly, Plaintiff's (ECF No. #10 ) Motion for Remand is hereby GRANTED. The Clerk is directed to close this case. Signed by Judge Michael P. Shea on 2/3/21. (Constantine, A.)
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| Filing 14 MOTION to Remand to State Court by Jeremy Brainsky.Responses due by 2/24/2021 (Ouellette, Steven) Modified on 2/4/2021 (Johnson, D.). |
| Filing 13 First MOTION for Extension of Time until March 1, 2021 To Plead by ZeroLemon LLC. (Bohonnon, William) Modified on 2/4/2021 (Johnson, D.). |
| Filing 12 MOTION to Amend/Correct #1 Notice of Removal by ZeroLemon LLC.Responses due by 2/18/2021 (Bohonnon, William) Modified on 2/4/2021 (Johnson, D.). |
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Filing 11
ORDER : The Plaintiff has filed a motion to remand (ECF No. 10) the case to state court asserting that the amount in controversy does not exceed $75,000, that "the defendants assertion of a case value over $75,000 is unfounded and not based on any representation of demand," and the Court therefore does not have subject matter jurisdiction. The plaintiff points out that the plaintiff made a demand of $45,000. Where it is unclear whether the jurisdictional amount in controversy is satisfied, a plaintiff may secure remand by stipulating that the damages he seeks are less than the jurisdictional amount in controversy (thus clarifying the amount in controversy). See, e.g., Luce v. Kohl's Dep't Stores, Inc., 23 F. Supp. 3d 82, 85-86 (D. Conn. 2014) (remanding slip-and-fall suit that pleaded damages in excess $15,000 based on a stipulation that damages would not exceed $75,000, because "the stipulation does no more than evidentially clarify an amount in controversy that is otherwise ambiguous."). A settlement demand does not have the same binding effect as a stipulation. Any stipulation the plaintiff wishes to file shall be filed within 7 days of this order. Signed by Judge Michael P. Shea on 1/28/21. (Constantine, A.)
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| Filing 10 MOTION to Remand to State Court by Jeremy Brainsky.Responses due by 2/17/2021 (Attachments: #1 Memorandum in Support)(Ouellette, Steven) |
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Filing 9
ORDER: On January 19, 2021, Defendant ZeroLemon LLC filed a Notice of Removal (ECF No. 1 ) in this action alleging federal jurisdiction based on diversity of citizenship between the parties. The Notice of Removal states that the Defendant is a Wyoming corporation with a principal place of business in San Francisco, California. (ECF No. 1 at 2.) However, the defendant is a limited liability company. 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. 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 Defendant is directed to file an amended Notice of Removal that states an adequate basis for this Court's jurisdiction no later than February 3, 2021. Otherwise, this case will be remanded for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 1/20/21. (Constantine, A.)
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| Filing 8 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 Certificate of Service filed by ZeroLemon LLC, #3 Notice (Other) filed by ZeroLemon LLC, #4 Order on Pretrial Deadlines, #1 Notice of Removal filed by ZeroLemon LLC, #6 Protective Order, #5 Electronic Filing Order Signed by Clerk on 01/20/2021. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
| Filing 7 NOTICE of Appearance by Frederick Joseph Trotta on behalf of ZeroLemon LLC (Trotta, Frederick) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 01/19/2021. (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 01/19/2021. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 3/20/2021. Discovery due by 7/21/2021. Dispositive Motions due by 8/25/2021. Signed by Clerk on 01/19/2021. (Peterson, M)
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| Filing 3 NOTICE by ZEROLEMON LLC re #1 Notice of Removal Statement Pursuant to Standing Order in Removed Cases (Bohonnon, William) |
| Filing 2 CERTIFICATE OF SERVICE by ZEROLEMON LLC re #1 Notice of Removal Certificate of Filing Copy of Notice of Removal in State Court (Bohonnon, William) |
| Filing 1 NOTICE OF REMOVAL by ZEROLEMON LLC from DISTRICT OF ANSONIA/MILFORD, case number AAN-CV20-6041072-S. Filing fee $ 402 receipt number ACTDC-6334592, filed by ZEROLEMON LLC.(Bohonnon, William) |
| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
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| Defendant: ZeroLemon LLC | |
| Represented By: | William Bohonnon |
| Represented By: | Frederick Joseph Trotta |
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| Plaintiff: Jeremy Brainsky | |
| Represented By: | Steven A. Ouellette |
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