Gaidis v. Atlantic Refinance LLC et al
| Andrew Gaidis |
| Atlantic Refinance LLC and Atlantic National Trust LLC |
| 3:2021cv00537 |
| April 19, 2021 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| 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 (Barry, Donna) |
| Filing 13 NOTICE of Voluntary Dismissal of Defendant Atlantic Refinance LLC, et al by Andrew Gaidis (Sheffy, Anthony) |
Filing 12
GENERAL SCHEDULING ORDER.The parties' Rule 26(f) Planning Report (Doc. #11 ) is hereby APPROVED as modified by this order. All discovery shall be completed by /25/22, and all other interim discovery dates set forth in the parties' Rule 26(f) Report are hereby adopted. Any dispositive summary judgment motions shall be filed by 05/31/22, and any response to dispositive summary judgment motions shall be filed by 06/15/22. The parties' joint trial memorandum is due by 07/29/22, or within 30 days of the Court's ruling on dispositive summary judgment motions, whichever date is later. The Court will thereafter set a trial date, and the parties should be prepared to proceed to jury selection within 30 days of the filing of the joint trial memorandum. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum" and "Pretrial Preferences" and "Trial Preferences." The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. A telephonic status conference will be held on 07/16/21 at 3:30 p.m.. Parties are instructed to call 877-402-9753 and use access Code 8576007#. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/03/21.(Barry, Donna) Modified formatting on 6/8/2021 (Barry, Donna).
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| Filing 11 Joint REPORT of Rule 26(f) Planning Meeting. (Sheffy, Anthony) |
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Filing 10
ORDER granting #9 Motion to Substitute Attorney. Attorney Alfred F. Morrocco, Jr terminated. Signed by Judge Jeffrey A. Meyer on 5/17/2021. (Freberg, B)
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| Filing 9 Consent MOTION to Substitute Attorney by Andrew Gaidis. (Sheffy, Anthony) |
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Filing 8
ORDER. The Court is satisfied in light of defendants' response to the order to show cause that there appears to be federal jurisdiction over this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/28/2021.(Freberg, B)
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| Filing 7 RESPONSE TO 2 Order to Show Cause,,,,,, by Atlantic National Trust LLC, Atlantic Refinance LLC filed by Atlantic National Trust LLC, Atlantic Refinance LLC. (Picard, Christopher) |
| 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 Set Deadlines/Hearings, #1 Notice of Removal, filed by Atlantic National Trust LLC, Atlantic Refinance LLC, #4 Electronic Filing Order, #5 Protective Order, #3 Order on Pretrial Deadlines, 2 Order to Show Cause,,,,,, Signed by Clerk on 4/21/2021. (Attachments: #1 Standing Order on Removals)(Freberg, B) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 4/19/2021.(Freberg, B)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 4/19/2021.(Freberg, B)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 6/20/2021; Discovery due by 10/21/2021; Dispositive Motions due by 11/25/2021. Signed by Clerk on 4/19/2021.(Freberg, B)
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Filing 2
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT. Defendants have filed a notice of removal stating that they are limited liability companies and that their members are "residents of the State of Texas or the State of Delaware." Doc. #1 at 2. The notice of removal is deficient in at least two respects. First, the notice alleges only the residency rather than the domicile of the defendants' members. But diversity jurisdiction is determined by reference to domicile rather than to residency, and "residence alone is insufficient to establish domicile for jurisdictional purposes." Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). Second, the notice fails to identify the names of the defendants' members or to state with precision their State of citizenship. See Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). It is not sufficient for the defendants to allege that its members are citizens of one State or another State; they must allege facts to precisely identify and show the citizenship State(s) of each member of the limited liability company defendants. The defendants may file a response to this order to show cause on or before April 27, 2021 with facts that clearly establish a basis for federal jurisdiction. The Court intends to remand this case to state court in the absence of a timely and complete response. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/20/2021. (DeBot, B.)
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| Set Deadlines: Rule 26 Meeting Report due by 6/3/2021 (Gutierrez, Y.) |
| Filing 1 NOTICE OF REMOVAL by Atlantic National Trust LLC, Atlantic Refinance LLC from Judicial District of New Britain, case number HHB-CV21-6065058-S. Filing fee $ 402 receipt number ACTDC-6475731, filed by Atlantic National Trust LLC, Atlantic Refinance LLC. (Attachments: #1 Exhibit State Court Filings, #2 Exhibit Docket Report, #3 Exhibit State Court Notice of Removal)(Picard, Christopher) |
| Judge Jeffrey A. Meyer added. (Nuzzi, Tiffany) |
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