Moorman et al v. Bremm et al
| Gemma Moorman and Jeffrey Moorman |
| James Bremm, Jason Konschnik and 2019 Wyndham, LLC |
| 3:2021cv01300 |
| September 30, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 19
ORDER. The #15 motion to compel is hereby DENIED without prejudice, as the Court does not find it necessary, based on defense counsel's representations in his response (ECF No. 18), to enter an order compelling defense counsel to confer with the plaintiffs at this time. The Court nevertheless reminds defense counsel of the requirements of Local Rule 26(f), which 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). That conference "ordinarily shall be initiated by the plaintiff, and may be conducted by telephone or electronic audio or video conferencing service." 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). In this case, the 26(f) Report must therefore be filed no later than December 8, 2021. If defense counsel prefers to conduct the conference over Zoom, defense counsel shall be responsible for initiating the conference and arranging any recording. Signed by Judge Michael P. Shea on 11/24/2021. (Silva, Madeline)
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| Filing 18 RESPONSE by James BremmResponse to Plaintiff's Motion to Compel. (Schwartz, Alexander) |
| Filing 17 AMENDED COMPLAINT against James Bremm, Jason Konschnik, filed by Gemma Moorman, Jeffrey Moorman.(Payton, R.) |
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Filing 16
ORDER. The #10 motion to amend/correct is hereby GRANTED. The plaintiffs are directed to file their amended complaint to the docket.Signed by Judge Michael P. Shea on 11/8/2021. (Silva, Madeline)
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| Filing 15 MOTION to Compel by Jeffrey Moorman.Responses due by 11/26/2021 (Payton, R.) |
| Filing 14 SUMMONS Returned Executed by Gemma Moorman, Jeffrey Moorman. James Bremm served on 10/21/2021, answer due 11/11/2021; Jason Konschnik served on 10/21/2021, answer due 11/11/2021. (Imbriani, Susan) |
| Filing 13 NOTICE of Appearance by Alexander H. Schwartz on behalf of Jason Konschnik (Schwartz, Alexander) |
| Filing 12 NOTICE of Appearance by Alexander H. Schwartz on behalf of James Bremm (Schwartz, Alexander) |
| Filing 11 NOTICE OF WITHDRAWAL of Defendant 2019 Wyndham LLC by Gemma Moorman, Jeffrey Moorman (Imbriani, Susan) |
| Filing 10 MOTION to Amend/Correct #1 Complaint by Gemma Moorman, Jeffrey Moorman.Responses due by 11/8/2021 (Attachments: #1 amended complaint)(Imbriani, Susan) |
| Set Deadlines: Amended Complaint due by 10/22/2021 (Johnson, D.) |
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Filing 9
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 complaint alleges that the plaintiffs are citizens of Connecticut and that Defendants James Bremm and Jason Konschnik are citizens of Virginia. However, the citizenship of Defendant 2019 Wyndham, 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 place of organization of this 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 of 2019 Wyndham, LLC. 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 Plaintiffs is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction no later than October 22, 2021. Should the plaintiffs be unable to obtain the relevant information, they 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 10/8/2021.(Silva, Madeline)
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| Filing fee received from Gemma Maria Moorman: $402.00, receipt number 467973. (Fazekas, J.) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *2019 Wyndham, LLC* with answer to complaint due within *21* days. *Gemma Moorman* *P.O. Box 321132* *Fairfield, CT 06825* (Fazekas, J.) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jason Konschnik* with answer to complaint due within *21* days. *Gemma Moorman* *P.O. Box 321132* *Fairfield, CT 06825* (Fazekas, J.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *James Bremm* with answer to complaint due within *21* days. *Gemma Moorman* *P.O. Box 321132* *Fairfield, CT 06825* (Fazekas, J.) |
| 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 #1 Complaint filed by Gemma Moorman, Jeffrey Moorman, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order, #4 Standing Protective Order Signed by Clerk on 09/30/2021.(Fazekas, J.) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 09/30/2021.(Fazekas, J.)
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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 09/30/2021.(Fazekas, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 11/29/2021. Discovery due by 4/1/2022. Dispositive Motions due by 5/6/2022. Signed by Clerk on 09/30/2021.(Fazekas, J.)
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| Filing 1 COMPLAINT against 2019 Wyndham, LLC, James Bremm, Jason Konschnik, filed by Gemma Moorman, Jeffrey Moorman.(Fazekas, J.) |
| Request for Clerk to issue summons as to Jason Konschnik. (Fazekas, J.) |
| Request for Clerk to issue summons as to James Bremm. (Fazekas, J.) |
| Request for Clerk to issue summons as to 2019 Wyndham, LLC. (Fazekas, J.) |
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