United Ohio Insurance Company v. Rosanny Mini Market, LLC et al
Plaintiff: United Ohio Insurance Company
Defendant: Jose Luis Morel-Benoit, Shanika Mitchell, Rosanny Mini Market, LLC and Kelly R. Johnson
Case Number: 3:2021cv00539
Filed: April 19, 2021
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Opinion or Order 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)
May 10, 2021 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)
May 10, 2021 Filing 10 NOTICE of Appearance by Paige D. Beisner on behalf of United Ohio Insurance Company (Beisner, Paige)
May 7, 2021 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)
May 6, 2021 Filing 9 SUMMONS Returned Executed by United Ohio Insurance Company. All Defendants. (Attachments: #1 Exhibit A)(Wojcik, Michele)
April 26, 2021 Set Deadlines: Amended Complaint due by 5/10/2021 (Johnson, D.)
April 26, 2021 Opinion or Order 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)
April 21, 2021 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)
April 20, 2021 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)
April 20, 2021 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)
April 20, 2021 Request for Clerk to issue summons as to All Defendants. (Wojcik, Michele)
April 19, 2021 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/19/2021. (Peterson, M)
April 19, 2021 Opinion or Order 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)
April 19, 2021 Opinion or Order 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)
April 19, 2021 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)
April 19, 2021 Judge Michael P. Shea added. (Nuzzi, Tiffany)

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Plaintiff: United Ohio Insurance Company
Represented By: Michele C. Wojcik
Represented By: Paige D. Beisner
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Defendant: Jose Luis Morel-Benoit
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Defendant: Shanika Mitchell
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Defendant: Rosanny Mini Market, LLC
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Defendant: Kelly R. Johnson
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