Nutmeg Gaming and Bingo Products, LLC v. Abbott Products, Inc. et al
| Nutmeg Gaming and Bingo Products, LLC doing business as CT Bingo Supply and Nutmeg Gaming and Bingo Products, LLC |
| Abbott Products, Inc., John G Lenzi, Lisa J Lenzi, Diamond Distributors, Inc., Steven Sanford doing business as New England Bingo Supply and George Martin doing business as United Novelty & Bingo Supply Company |
| 3:2022cv00716 |
| May 28, 2022 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 34
ORDER granting plaintiff's Motion for Extension of Time (Doc. #33 ) until July 28, 2022 to respond to defendants' motions to dismiss (Docs. #19 , #20 , #25 ).Signed by Judge Jeffrey A. Meyer on 7/15/22. (Barry, Donna)
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| Reset Deadlines as to Motions to Dismiss (Docs. #19 , #20 , #25 ) - Responses due by 7/28/2022 (Barry, Donna) |
| Filing 33 MOTION for Extension of Time until 7/28/2022 Filing Objections to Motions to Dismiss #25 MOTION to Dismiss , #19 MOTION to Dismiss for Lack of Jurisdiction , #20 MOTION to Dismiss for Lack of Jurisdiction by Nutmeg Gaming and Bingo Products, LLC. (Weiss, David) |
| Filing 32 MOTION to Dismiss For Lack of Personal Jurisdiction by Diamond Distributors, Inc..Responses due by 7/28/2022 (Attachments: #1 Memorandum in Support, #2 Exhibit 1 (Affidavit of Michael Wentworth))(Glasser, James) |
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Filing 31
ORDER. Plaintiff may file any reply to defendant Diamond Distributors' objection (Doc. #28 ) on or before July 15, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/5/22.(Barry, Donna)
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| Filing 29 NOTICE of Appearance by Joseph C. Merschman on behalf of Diamond Distributors, Inc. (Merschman, Joseph) |
| Filing 28 OBJECTION re #13 MOTION for Preliminary Injunction filed by Diamond Distributors, Inc.. (Attachments: #1 Affidavit of Michael R. Wentworth, #2 Exhibit 1)(Glasser, James) |
| Filing 27 Corporate Disclosure Statement by Diamond Distributors, Inc.. (Merschman, Joseph) |
| Filing 26 NOTICE of Appearance by James I. Glasser on behalf of Diamond Distributors, Inc. (Glasser, James) |
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Filing 30
ORDER granting Motion for Extension of Time (Doc. #22 ) until July 28, 2022 to file responsive pleading by defendants' Abbott Products, Inc., John G. Lenzi, and Lisa J. Lenzi. Signed by Judge Jeffrey A. Meyer on 6/29/22. (Barry, Donna)
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| Answer deadline updated for Abbott Products, Inc., John G Lenzi, and Lisa J Lenzi to 7/28/2022. (Barry, Donna) |
| Filing 25 MOTION to Dismiss by George Martin.Responses due by 7/19/2022 (Attachments: #1 Memorandum in Support of Motion to Dismiss of George Martin dba United Novelty & Bingo Supply Company)(Matulis, John) |
| Filing 24 OBJECTION of Defendant George Martin dba United Novelty & Bingo Supply Company to Plaintiff's Motion for Preliminary Injunction filed by George Martin. (Attachments: #1 Affidavit)(Matulis, John) |
| Filing 23 Corporate Disclosure Statement by Abbott Products, Inc., John G Lenzi, Lisa J Lenzi. (Stoughton, Paul) |
| Filing 22 MOTION for Extension of Time until July 28, 2022 to file responsive pleading by Abbott Products, Inc., John G Lenzi, Lisa J Lenzi. (Stoughton, Paul) |
| Filing 21 NOTICE of Appearance by Paul H.D. Stoughton on behalf of Abbott Products, Inc., John G Lenzi, Lisa J Lenzi (Stoughton, Paul) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Steven Sanford.Responses due by 7/18/2022 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Nguyen, AiVi) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Steven Sanford.Responses due by 7/18/2022 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Nguyen, AiVi) |
| Filing 18 NOTICE of Appearance by John C. Matulis, Jr on behalf of George Martin (Matulis, John) |
| Filing 17 SUMMONS Returned Executed by Nutmeg Gaming and Bingo Products, LLC. Diamond Distributors, Inc. served on 6/16/2022, answer due 7/7/2022. (Weiss, David) |
| Filing 16 SUMMONS Returned Executed by Nutmeg Gaming and Bingo Products, LLC. Abbott Products, Inc. served on 6/9/2022, answer due 6/30/2022; John G Lenzi served on 6/6/2022, answer due 6/27/2022; Lisa J Lenzi served on 6/6/2022, answer due 6/27/2022; George Martin served on 6/8/2022, answer due 6/29/2022; Steven Sanford served on 6/6/2022, answer due 6/27/2022. (Weiss, David) |
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Filing 15
ORDER TO SHOW CAUSE. The defendants shall show cause why the motion for preliminary injunction should not be granted. Each defendant shall file any objection or other response to the motion for preliminary injunction within 14 days of the plaintiff's filing on the docket of proof of service of the summons, the complaint, the motion for preliminary injunction, and a copy of this Order to Show Cause in compliance with the service requirements of Fed. R. Civ. P. 4. Each defendant is advised that the failure to file a timely objection or response to the motion for preliminary injunction may result in the Court's granting of the motion. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/3/22.(Barry, Donna)
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| Filing 14 CERTIFICATE OF SERVICE by Nutmeg Gaming and Bingo Products, LLC re #13 MOTION for Preliminary Injunction Memorandum of Law and Proposed Order to Show Cause (Weiss, David) |
| Filing 13 MOTION for Preliminary Injunction by Nutmeg Gaming and Bingo Products, LLC.Responses due by 6/23/2022 (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Text of Proposed Order Show Cause)(Weiss, David) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Nutmeg Gaming and Bingo Products, LLC. (Attachments: #1 Exhibit Exhibit A-Sales Agreement, #2 Exhibit Exhibit B-Transfer Documents, #3 Exhibit Exhibit C-Confidentiality Agreement, #4 Exhibit Exhibit D-3/1/22 Email, #5 Exhibit Exhibit E-3/8/22 Email, #6 Exhibit Exhibit F-3/10/22 Police Report, #7 Exhibit Exhibit G-3/11/22 Email, #8 Exhibit Exhibit H-3/27/22 Police Report, #9 Exhibit Exhibit I-4/12/22 Cease & Desist Letters, #10 Exhibit Exhibit J-5/17/22 website auto reply message)(Weiss, David) |
| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Abbott Products, Inc., Diamond Distributors, Inc., John G Lenzi, Lisa J Lenzi, George Martin, Steven Sanford* with answer to complaint due within *21* days. Attorney *David Lee Weiss* *The Law Offices of David L. Weiss* *1300 Boston Post Road #8* *Guilford, CT 06437*. (Carr, Dave) |
| Filing 10 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 Proposed Order filed by Nutmeg Gaming and Bingo Products, LLC, #8 Electronic Filing Order, #1 Complaint,, filed by Nutmeg Gaming and Bingo Products, LLC, #7 Order on Pretrial Deadlines, #2 MOTION for Preliminary Injunction filed by Nutmeg Gaming and Bingo Products, LLC, #9 Protective Order Signed by Clerk on 5/31/2022.(Carr, Dave) |
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Filing 6
ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED FOR LACK OF FEDERAL JURISDICTION. Plaintiff Nutmeg Gaming and Bingo Products, LLC has filed a complaint against several defendants alleging state law claims and asserting that there is federal diversity jurisdiction under 28 U.S.C. 1332. The complaint alleges that the plaintiff "is a limited liability company organized and existing under the laws of the State of Connecticut, having a business address at 63 Emmett Street, Bristol, Connecticut." Doc. #1 at 2. For purposes of diversity jurisdiction, the citizenship of a limited liability company is determined by reference to the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Village Ltd. Partnership, LLC, 213 F.3d 48, 51-52 (2d Cir. 2000). The complaint fails to identify the citizenship of each of plaintiff's members. Plaintiff may file an amended complaint by June 7, 2022, that properly identifies the membership and citizenship of each of the members of the relevant parties. In the absence of the filing of such an amended complaint, the Court is likely to dismiss this action for lack of federal jurisdiction. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/31/22.(Barry, Donna)
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Filing 5
ORDER DENYING WITHOUT PREJUDICE MOTION FOR PRELIMINARY INJUNCTION (Doc. #2 ). The Court DENIES without prejudice the motion for preliminary injunction for failure to file an accompanying memorandum of law to explain the legal standard for the grant of a preliminary injunction and to explain why that legal standard is satisfied as to each and every one of the several requests for injunctive relief. See D. Conn. L. Civ. R. 7(a)(1) ("Any motion involving disputed issues of law shall be accompanied by a memorandum of law, and shall indicate in the lower margin of the motion whether oral argument is requested. Failure to submit a required memorandum may be deemed sufficient cause to deny the motion."). It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/31/22. (Barry, Donna)
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| Filing 4 CERTIFICATE OF SERVICE by Nutmeg Gaming and Bingo Products, LLC re #3 Proposed Order, #2 MOTION for Preliminary Injunction (Weiss, David) |
| Filing 3 PROPOSED ORDER re #2 MOTION for Preliminary Injunction to Show Cause by Nutmeg Gaming and Bingo Products, LLC. (Weiss, David) |
| Filing 2 MOTION for Preliminary Injunction by Nutmeg Gaming and Bingo Products, LLC.Responses due by 6/18/2022 (Weiss, David) |
| Filing 1 COMPLAINT Verified against All Defendants ( Filing fee $402 receipt number ACTDC-6948911.), filed by Nutmeg Gaming and Bingo Products, LLC. (Attachments: #1 Exhibit Exhibit A-Sales Agreement, #2 Exhibit Exhibit B-Transfer Documents, #3 Exhibit Exhibit C-Confidentiality Agreement, #4 Exhibit Exhibit D-3/1/22 Email, #5 Exhibit Exhibit E-3/8/22 Email, #6 Exhibit Exhibit F-3/10/22 Police Report, #7 Exhibit Exhibit G-3/11/22 Email, #8 Exhibit Exhibit H-3/27/22 Police Report, #9 Exhibit Exhibit I-4/12/22 Cease & Desist Letters, #10 Exhibit Exhibit J-5/17/22 website auto reply message)(Weiss, David) |
| Request for Clerk to issue summons as to All Defendants. (Weiss, David) |
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