American Modern Home Insurance Company v. Carrena et al
| American Modern Home Insurance Company |
| luis carrena, elizabeth carrena, carrena property management, llc, carrena property management & realty, llc, kemraj budhai and Carrena Property Mgt, LLC |
| 3:2022cv01041 |
| August 17, 2022 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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| Filing 15 MOTION for Attorney(s) Eric D. Suben to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7100456) by American Modern Home Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Reddington, Justin) |
| Filing 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Kemraj Budhai, Elizabeth Carrena, Luis Carrena, Carrena Property Management & Realty, LLC, Carrena Property Mgt, LLC* with answer to complaint due within *21* days. Attorney *Justin Reddington* *Traub Lieberman* *27 Siemon Company Drive, Suite 102w* *Watertown, CT 06795*. (Peterson, M) |
| Answer deadline updated for Elizabeth Carrena to 10/20/2022; Luis Carrena to 10/20/2022; Carrena Property Management & Realty, LLC to 10/20/2022; Carrena Property Mgt, LLC to 10/20/2022. (Johnson, D.) |
Filing 13
ORDER. The #12 motion for extension of time is GRANTED. Defendants' response to Plaintiff's complaint is now due by October 20, 2022. Signed by Judge Michael P. Shea on 9/19/2022. (Britt, Joshua)
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| Filing 12 First MOTION for Extension of Time until October 20, 2022 To File an Answer or Otherwise Respond to the Complaint by Elizabeth Carrena, Luis Carrena, Carrena Property Management & Realty, LLC, Carrena Property Mgt, LLC. (Hoffman, Ari) |
| Filing 11 AFFIDAVIT of Service for Complaint served on All defendants on August 30, 2022 and September 1, 2022, filed by American Modern Home Insurance Company. (Reddington, Justin) |
| Request for Clerk to issue summons as to All Defendants. (Reddington, Justin) |
| Filing 10 NOTICE of Appearance by Ari J. Hoffman on behalf of Elizabeth Carrena, Luis Carrena, Carrena Property Management & Realty, LLC, Carrena Property Mgt, LLC (Hoffman, Ari) |
| Filing 9 RESPONSE TO by American Modern Home Insurance Company filed by American Modern Home Insurance Company. (Reddington, Justin) |
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Filing 8
ORDER. It appears that the #1 complaint does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332 over all defendants because it does not properly allege complete diversity as to defendants Carrena Property Mgt, LLC, and Carrena Property Management & Realty, LLC. "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 identifies defendants Carrena Property Mgt, LLC, and Carrena Property Management & Realty, LLC, each as "a limited liability company existing under the law of the State of Connecticut with its principal place of business and domicile in Connecticut." ECF No. #1 at 2. These statements are insufficient to determine LLC citizenship for diversity purposes because principal place of business, domicile, or state of existence do not determine a LLC's citizenship. "[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its membership." Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (internal citations omitted). Plaintiff must state the citizenship of each member of Carrena Property Mgt, LLC, and Carrena Property Management & Realty, LLC. If any member of Carrena Property Mgt, LLC, and Carrena Property Management & Realty, LLC, is itself an LLC, the plaintiff must also state the citizenship of each member of that LLC.Within 14 days, plaintiff shall file a statement adequately setting forth the basis for the Court's jurisdiction, or this case will be dismissed as to defendants Carrena Property Mgt, LLC, and Carrena Property Management & Realty, LLC. Signed by Judge Michael P. Shea on 8/25/2022.(Britt, Joshua)
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Filing 7
ORDER. The #6 motion for leave to appear is GRANTED.Signed by Judge Michael P. Shea on 8/25/2022. (Britt, Joshua)
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| Filing 6 MOTION for Leave to Appear in addition Attorney Jud Reddington. by American Modern Home Insurance Company. (Reddington, Justin) |
| 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 #2 Order on Pretrial Deadlines, #1 Complaint, filed by American Modern Home Insurance Company, #4 Protective Order, #3 Electronic Filing Order Signed by Clerk on 08/18/2022. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/17/2022. (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 08/17/2022. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/16/2022. Discovery due by 2/16/2023. Dispositive Motions due by 3/23/2023. Signed by Clerk on 08/17/2022. (Peterson, M)
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| Judge Michael P. Shea added. (Freberg, B) |
| Filing 1 COMPLAINT against Luis Carrena, Elizabeth Carrena, Carrena Property Mgt, LLC, Carrena Property Management & Realty, LLC, Kemraj Budhai ( Filing fee $402 receipt number ACTDC-7037735.), filed by American Modern Home Insurance Company. (Attachments: #1 Exhibit Exhibit A underlying complaint, #2 Exhibit Exhibit B--Policy)(Reddington, Justin) Modified on 8/18/2022 to correct parties (Hushin, Z.). |
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