Bankwell Bank v. Gardner Agency of Texas, LLC et al
| Bankwell Bank |
| Gardner Agency of Texas, LLC and Steven C. Gardner |
| 3:2023cv00303 |
| March 6, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| S Dave Vatti |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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| Filing 17 ANSWER to #1 Complaint by Steven C. Gardner. (Attachments: #1 Letter, #2 Envelope) (Peterson, M) |
| Filing 16 RESPONSE re 15 Order, Plaintiff's Response to the Court's Order to Show Cause by Bankwell Bank. (Wheelin, Brian) |
Filing 15
ORDER. Plaintiff has filed a notice informing the Court that defendant Gardner Agency of Texas, LLC, has filed for chapter 11 bankruptcy. ECF No. 13. The only other defendant in this case, Steven Gardner, is a member of this LLC. Within 14 days of this order, plaintiff shall show cause why this case should not be stayed and administratively closed (but not dismissed) pending the resolution of the bankruptcy action. Signed by Judge Michael P. Shea on 3/31/2023. (Britt, Joshua)
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| Filing 14 NOTICE by Bankwell Bank re 10 Order,,,,,,,,,,,, Statement of Citzenship (Wheelin, Brian) |
| Filing 13 NOTICE by Bankwell Bank : Notice of Bankruptcy (Wheelin, Brian) |
| Per #12 Affidavit of Service, updated Answer deadline for Steven C. Gardner to 4/13/2023. (Peterson, M) |
| Filing 12 AFFIDAVIT of Service for Summons, Complaint, Rule 7.1 Corporate Disclosure Statement, Order of Pretrial Deadlines, Electronic Filing Order in Civil Cases, Standing Protective Order, with exhibit, Notice to Counsel ands Self-Represented Parties and Order Regarding Disclosure Statements served on Steven C. Gardner, c/o the Connecticut Secretary of State on March 23, 2023, filed by Bankwell Bank. (Wheelin, Brian) |
| Filing 11 NOTICE of Appearance by Brian J. Wheelin on behalf of Bankwell Bank (Wheelin, Brian) |
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Filing 10
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 because it does not properly allege complete diversity. "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 the individual defendant, Steven C. Gardner, as "an individual who resides [at] 585 Anton Boulevard, Unit 1360, Costa Mesa, California 92626-7012." ECF No. 1 Para. 5. But residence is not the same as citizenship. "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," and not his residence. Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). "Domicile is the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Id. (internal quotation marks omitted). When jurisdiction is based on diversity of citizenship, to satisfy Rule 8(a)(1)'s requirement for a "short and plain statement of the grounds for the court's jurisdiction," the complaint must allege the citizenship or domicile of each party. At the pleading stage, it need not necessarily state in detail the factual basis supporting citizenship; but it also cannot state that a party's citizenship follows from residence alone.Further, the complaint identifies the members of Gardner Agency of Texas, LLC, as being Steven C. Gardner; Aloha ATX, LLC; and AND Professional Services, LLC. ECF No. 1 Para. 6. "[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). Because Plaintiff has not adequately alleged Steven C. Gardner's citizenship, it has also inadequately alleged the citizenship of Gardner Agency of Texas, LLC. Also, the other two members of Gardner Agency of Texas, LLC, are alleged to be LLCs. Plaintiff has alleged no facts about the citizenship of the members of these two LLCs, instead alleging facts about the LLCs' principal places of business. See ECF No. 1 Para. 6. Plaintiff must provide the Court with the citizenship of each member of the LLC defendant.Plaintiff shall file a statement of citizenship by March 31, 2023. The statement should properly indicate the citizenship of each defendant. For any member of Gardner Agency of Texas, LLC, that is itself an LLC, plaintiff must provide the citizenship of that LLC (and so on, until a non-LLC member is identified and sufficient facts are provided to identify the citizenship of that member). Signed by Judge Michael P. Shea on 3/17/2023. (Britt, Joshua)
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| Filing 9 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Gardner Agency of Texas, LLC* with answer to complaint due within *21* days. Attorney *Joseph L. Clasen* *Robinson & Cole* *1055 Washington Boulevard, 9th Floor* *Stamford, CT 06901-2249*. (Peterson, M) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Steven C. Gardner* with answer to complaint due within *21* days. Attorney *Joseph L. Clasen* *Robinson & Cole* *1055 Washington Boulevard, 9th Floor* *Stamford, CT 06901-2249*. (Peterson, M) |
| 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 #2 Corporate Disclosure Statement filed by Bankwell Bank, #1 Complaint filed by Bankwell Bank, #6 Protective Order, #4 Order on Pretrial Deadlines, #5 Electronic Filing Order Signed by Clerk on 3/8/2023. (Peterson, M) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 3/6/2023. (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 3/6/2023. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 5/5/2023. Discovery due by 9/5/2023. Dispositive Motions due by 10/10/2023. Signed by Clerk on 3/6/2023. (Peterson, M)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 3/6/2023.(Anastasio, F.) |
| Judge Michael P. Shea and Judge S. Dave Vatti added. (Freberg, B) |
| Filing 2 Corporate Disclosure Statement by Bankwell Bank identifying Corporate Parent Bankwell Financial Group, Inc. for Bankwell Bank. (Clasen, Joseph) |
| Filing 1 COMPLAINT against Steven C. Gardner, Gardner Agency of Texas, LLC ( Filing fee $402 receipt number ACTDC-7261739.), filed by Bankwell Bank. (Attachments: #1 Civil Cover Sheet)(Clasen, Joseph) |
| Request for Clerk to issue summons as to Steven C. Gardner. (Clasen, Joseph) |
| Request for Clerk to issue summons as to Gardner Agency of Texas, LLC. (Clasen, Joseph) |
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