Employers Mutual Casualty Co v. R&R Freight Services, LLC et al
| Employers Mutual Casualty Co |
| R&R Freight Services, LLC and Starr Indemnity & Liability Company |
| 3:2021cv00174 |
| February 10, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 22 REPORT of Rule 26(f) Planning Meeting. (Wojcik, Michele) |
| Filing 21 NOTICE of Appearance by Thomas L. Tisdale on behalf of Starr Indemnity & Liability Company (Tisdale, Thomas) |
| Filing 20 ANSWER to #17 Amended Complaint with Affirmative Defenses. by Starr Indemnity & Liability Company.(Tisdale, Thomas) |
| Filing 19 Corporate Disclosure Statement by Starr Indemnity & Liability Company identifying Corporate Parent Starr International Company, Inc. for Starr Indemnity & Liability Company. (Tisdale, Thomas) |
| Filing 18 ANSWER to #17 Amended Complaint with Affirmative Defenses. by R&R Freight Services, LLC.(Milano, Mark) |
| Per Summons Returned Executed #11 , Answer deadline updated for Starr Indemnity & Liability Company as to 3/18/2021. (Peterson, M) |
| Filing 17 AMENDED COMPLAINT for Declaratory Judgment against All Defendants, filed by Employers Mutual Casualty Co. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wojcik, Michele) |
Filing 16
ORDER. Defendant R&R Freight Services, LLC's motion for extension of time is GRANTED. The defendant shall file a response to the Amended Complaint within 21 days from the filing of the Amended Complaint. Signed by Judge Michael P. Shea on 3/4/2021. (Gait, Emily)
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| Filing 15 Corporate Disclosure Statement Rule 7.1 Statement by R&R Freight Services, LLC. (Milano, Mark) |
| Filing 14 First MOTION for Extension of Time until 21 day from the filing of Amended Complaint to file a responsive pleading 10 Order,,,,,, by R&R Freight Services, LLC. (Milano, Mark) |
| Filing 13 NOTICE of Appearance by Stephen G. Murphy, Jr on behalf of R&R Freight Services, LLC (Murphy, Stephen) |
| Filing 12 NOTICE of Appearance by Mark A. Milano on behalf of R&R Freight Services, LLC (Milano, Mark) |
| Filing 11 SUMMONS Returned Executed by Employers Mutual Casualty Co. All Defendants. (Attachments: #1 Exhibit A)(Wojcik, Michele) |
| Set Deadlines: Amended Complaint due by 3/29/2021 (Johnson, D.) |
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Filing 10
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 R & R Freight Services, 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 principal place of business of the defendant. But for limited liability companies, citizenship is determined by the citizenship of its members, not their 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. The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction no later than March 29, 2021. Should the plaintiff be unable to obtain the relevant information, it may file a motion to take limited jurisdictional discovery. Otherwise, this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 3/1/2021.(Gait, Emily)
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Filing 9
ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Judge Vanessa L. Bryant on 2/19/2021. (Shafer, J.)
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| Filing 8 Corporate Disclosure Statement by Employers Mutual Casualty Co. (Wojcik, Michele) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *R&R Freight Services, LLC, Starr Indemnity & Liability Company* with answer to complaint due within *21* days. Attorney *Michele C. Wojcik* *Nuzzo & Roberts, LLC* *One Town Center, PO Box 747* *Cheshire, CT 06410*. (Velez, F.) |
| 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 #2 Order on Pretrial Deadlines, #4 Standing Protective Order, #3 Electronic Filing Order, #1 Complaint, filed by Employers Mutual Casualty Co, #5 Order Re: Chambers Practices. Signed by Clerk on 2/11/2021. (Velez, F.) |
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Filing 5
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 2/10/2021. (Velez, F.)
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 2/10/2021. (Velez, F.) Modified on 2/17/2021 (Velez, F.).
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 2/10/2021. (Velez, F.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 4/11/2021; Discovery due by 8/12/2021; Dispositive Motions due by 9/16/2021. Signed by Clerk on 2/10/2021. (Velez, F.)
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| Judge Vanessa L. Bryant added. (Nuzzi, Tiffany) |
| Filing 1 COMPLAINT for Declaratory Judgment against R&R Freight Services, LLC, Starr Indemnity & Liability Company ( Filing fee $402 receipt number ACTDC-6377678.), filed by Employers Mutual Casualty Co. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wojcik, Michele) Modified on 2/10/2021 to correct party (Hushin, Z.). |
| Request for Clerk to issue summons as to R&R Freight Services, LLC, Starr Indemnity & Liability Company . (Wojcik, Michele) Modified on 2/10/2021 to correct party (Hushin, Z.). |
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