1455 B&P, LLC v. Western World Insurance Company
| 1455 B&P, LLC |
| Western World Insurance Company |
| 3:2021cv00955 |
| July 9, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 17 NOTICE by Western World Insurance Company re 13 Order,,,,,, (Murphy, Courtney) |
| Filing 16 REPORT of Rule 26(f) Planning Meeting. (Margolis, Stuart) |
| Filing 15 NOTICE of Appearance by Stuart A. Margolis on behalf of 1455 B&P, LLC (Margolis, Stuart) |
| Filing 14 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Western World Insurance Company.(Murphy, Courtney) |
Filing 13
ORDER. The Court has reviewed the file in this case to monitor the parties' compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties file on or before September 6, 2021 (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a Form 26(f) report; or (2) a Form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties' failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint and/or monetary sanctions being imposed on counsel.In addition, the Court observes that the parties filed a stipulation extending the answer deadline in this case to August 27, 2021. Should the parties wish to extend any other deadlines in this matter, they shall do so by filing a motion to extend that complies with Local Rule 7(b).Signed by Judge Michael P. Shea on 8/23/2021. (Silva, Madeline)
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| Set Deadlines: Rule 26 Meeting Report due by 9/6/2021 (Johnson, D.) |
| Filing 12 NOTICE OF REMOVAL by Western World Insurance Company from Superior Court of Connecticut, Judicial District of New Haven, case number NNH-CV21-6114883-S. Filing fee $ 402 receipt number ACTDC-6605608, filed by Western World Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Murphy, Courtney) |
| Filing 11 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Western World Insurance Company. (Murphy, Courtney) |
| Set Deadlines: Amended Notice of Removal due by 8/10/2021 (Johnson, D.) |
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Filing 10
ORDER. The #1 Notice of Removal 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 both parties is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. First, the Notice of Removal alleges only the place of organization and principal place of business of 1455 B&P, LLC. But 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 of 1455 B&P, LLC. Moreover, if any of these members is itself an LLC, the Notice of Removal must allege the identity and citizenship of each of its members, and so on.Second, the Notice of Removal alleges that Western World Insurance Company is "organized under" the laws of New Hampshire and has its principal place of business in New Jersey, but does not specify whether it is a corporation or some other form of business organization. This lack of specificity prevents the Court from verifying that it has subject matter jurisdiction over this case.The Defendant is directed to file an amended Notice of Removal that states an adequate basis for this Court's jurisdiction no later than August 10, 2021. Otherwise, this case will be remanded for lack of subject matter jurisdiction.Signed by Judge Michael P. Shea on 7/20/2021. (Silva, Madeline)
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| Filing 9 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Western World Insurance Company. (Murphy, Courtney) |
| Filing 8 NOTICE of Appearance by Daniel C. Burns on behalf of 1455 B&P, LLC (Burns, Daniel) |
| Filing 7 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 #4 Order on Pretrial Deadlines, #2 Notice of Appearance filed by Western World Insurance Company, #1 Notice of Removal, filed by Western World Insurance Company, #6 Protective Order, #5 Electronic Filing Order, #3 Corporate Disclosure Statement, filed by Western World Insurance Company Signed by Clerk on 07/13/2021. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/09/2021. (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 07/09/2021. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 9/7/2021. Discovery due by 1/8/2022. Dispositive Motions due by 2/12/2022. Signed by Clerk on 07/09/2021. (Peterson, M)
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| Judge Michael P. Shea added. (Anastasio, F.) |
| Filing 3 Corporate Disclosure Statement by Western World Insurance Company identifying Corporate Parent AIG Property Casualty, Inc., Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent American International Group, Inc. for Western World Insurance Company. (Murphy, Courtney) |
| Filing 2 NOTICE of Appearance by Courtney E. Murphy on behalf of Western World Insurance Company (Murphy, Courtney) |
| Filing 1 NOTICE OF REMOVAL by Western World Insurance Company from Superior Judicial District of New Haven, case number NNH - CV 21-6114883-S. Filing fee $ 402 receipt number ACTDC-6572935, filed by Western World Insurance Company. (Attachments: #1 Statement of Material Facts Statement Pursuant to Standing Order In Removed Cases, #2 Exhibit Exhibit A Summons and Complaint, #3 Supplement Civil Cover Sheet)(Murphy, Courtney) |
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| Plaintiff: 1455 B&P, LLC | |
| Represented By: | Daniel C. Burns |
| Represented By: | Russell J. Bonin |
| Represented By: | Stuart A. Margolis |
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| Defendant: Western World Insurance Company | |
| Represented By: | Courtney E. Murphy |
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