United Ohio Insurance Company v. Rosanny Mini Market, LLC et al
| United Ohio Insurance Company |
| Jose Luis Morel-Benoit, Shanika Mitchell, Rosanny Mini Market, LLC and Kelly R. Johnson |
| 3:2021cv00539 |
| April 19, 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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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER. The #11 motion for leave to conduct jurisdictional discovery is hereby GRANTED.Signed by Judge Michael P. Shea on 5/11/2021. (Super, John)
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| Filing 11 MOTION for Leave to File Jurisdictional Discovery by United Ohio Insurance Company. (Attachments: #1 Memorandum in Support of Motion for Leave to Conduct Jurisdictional Discovery)(Beisner, Paige) |
| Filing 10 NOTICE of Appearance by Paige D. Beisner on behalf of United Ohio Insurance Company (Beisner, Paige) |
| Per Summons Returned Executed #9 , Answer deadline updated to 5/14/2021 for Kelly R. Johnson, Shanika Mitchell, Jose Luis Morel-Benoit, Rosanny Mini Market, LLC. (Peterson, M) |
| Filing 9 SUMMONS Returned Executed by United Ohio Insurance Company. All Defendants. (Attachments: #1 Exhibit A)(Wojcik, Michele) |
| Set Deadlines: Amended Complaint due by 5/10/2021 (Johnson, D.) |
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Filing 8
ORDER. The #1 Complaint does not state an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332. "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 each individual defendant as well as the individual members of Defendant Rosanny Mini Market LLC ("Rosanny") is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the Complaint alleges only the place of organization, principal place of business, and the residency of Rosanny's members. In addition, the Complaint alleges only the residency of the individual defendants. For limited liability companies, citizenship is determined by the citizenship of its members, not their place of organization, principal place of business, or the residency of its members. 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. To be a citizen of a state for the purposes of diversity jurisdiction, an individual "must both be a citizen of the United States and be domiciled within the State." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction no later than May 10, 2021. Should the plaintiff be unable to obtain the relevant information, it may file a motion to take jurisdictional discovery. Otherwise, this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 4/26/2021. (Super, John)
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| Filing 7 Corporate Disclosure Statement by United Ohio Insurance Company identifying Corporate Parent Ohio Mutual Insurance Group, Inc., Other Affiliate Ohio Mutual Insurance Company, Other Affiliate OMIG Holding, Inc for United Ohio Insurance Company. (Wojcik, Michele) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Kelly R. Johnson, Shanika Mitchell, Jose Luis Morel-Benoit, Rosanny Mini Market, LLC* with answer to complaint due within *21* days. Attorney *Michele C. Wojcik* *Nuzzo & Roberts, LLC* *One Town Center, PO Box 747* *Cheshire, CT 06410*. (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 #3 Electronic Filing Order, #4 Protective Order, #1 Complaint filed by United Ohio Insurance Company, #2 Order on Pretrial Deadlines Signed by Clerk on 04/20/2021. (Peterson, M) |
| Request for Clerk to issue summons as to All Defendants. (Wojcik, Michele) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/19/2021. (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 04/19/2021. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 6/18/2021. Discovery due by 10/19/2021. Dispositive Motions due by 11/23/2021. Signed by Clerk on 04/19/2021. (Peterson, M)
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| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants ( Filing fee $402 receipt number ACTDC-6476007.), filed by United Ohio Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wojcik, Michele) |
| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
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