Patel et al v. Mount Street US LLP et al
| Rahulkumar M. Patel, M7 Investment Fund I LLC, DNA Lodging LLC and DNA 789 CT AVE LLC |
| Mount Street US LLP, CWCapital Asset Management LLC, 789 Connecticut Avenue Holdings, LLC, Wilmington Trust, National Association, Darshan Gandhi, Nirav Patel and Amit Shah |
| 3:2023cv00413 |
| April 3, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Maria E Garcia |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
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Filing 14
ORDER DISMISSING CASE. It is Plaintiff's burden to include allegations which support the invocation of the Courts diversity jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The Plaintiffs, having failed to show cause by written submission why the Court should not dismiss this case for lack of jurisdiction, and having been advised that it appears on the face of the Complaint that the Court is without jurisdiction to hear this matter, it is ordered that this matter is dismissed without prejudice. See Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999) (if the court is without subject matter jurisdiction, it lacks the authority to dismiss with prejudice). Signed by Judge Kari A. Dooley on 4/11/2023. (Chambers, Jillian)
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Filing 13
ORDER TO SHOW CAUSE. In this action, Plaintiffs purport to invoke the Court's diversity jurisdiction under 28 U.S.C. 1332. Under that statute, district courts have "original jurisdiction of all civil actions where the matters in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different states." For diversity jurisdiction to exist, however, there must be complete diversity between the plaintiffs and the defendants; in other words, "no plaintiff can be a citizen of the same state as any of the defendants." Soto v. Bushmaster Firearms Int'l, LLC, 139 F. Supp. 3d 560, 561 (D. Conn. 2015) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005) ("In a case with multiple plaintiffs and multiple defendants, the presence in the action of a single plaintiff from the same State as a single defendant deprives the district court of original diversity jurisdiction over the entire action."). Here, according to the complaint, Plaintiff Patel is a citizen of Connecticut and Plaintiffs DNA Lodging LLC and DNA 789 CT AVE LLC are Connecticut limited liability companies of which Patel is the sole member; likewise, Defendant 789 Connecticut Avenue Holdings, LLC, is a Connecticut limited liability company. ECF No. 1 at 4. Although the citizenship of this defendant's members is not alleged, see Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 615 (2d Cir. 2019) (for purposes of diversity jurisdiction, an LLC takes the citizenship of each of its members), it appears that there is a lack of complete diversity in this action, since some Plaintiffs likely share citizenship with at least one Defendant. On or before April 10, 2023, Plaintiffs must therefore show cause by written submission why the Court should not dismiss this case for lack of jurisdiction. As the Court does not believe it has jurisdiction, it will not act upon the other motions filed by Plaintiffs, including the motion for a temporary restraining order or for appointment of counsel, at this time. Additionally, Plaintiff Patel, who is not an attorney, is not permitted to appear on behalf of Plaintiffs M7 Investment Fund I LLC, DNA Lodging LLC, and DNA 789 CT AVE LLC. Under 28 U.S.C. 1654, "parties may plead and conduct their own cases personally or by counsel." And it is well established that an artificial entity cannot proceed pro se and any person who represents an artificial entity must "be an attorney licensed to practice law before our courts." Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983). If counsel does not appear for Plaintiffs M7 Investment Fund I LLC, DNA Lodging LLC, and DNA 789 CT AVE LLC on or before April 10, 2023, the entities will be removed as Plaintiffs. Signed by Judge Kari A. Dooley on 4/3/2023. (Chambers, Jillian)
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| Filing 12 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 #7 MOTION to Appoint Counsel filed by Rahulkumar M. Patel, #5 MOTION for filed by Rahulkumar M. Patel, #6 Appearance Self Represented Party filed by Rahulkumar M. Patel, #2 Exhibit filed by Rahulkumar M. Patel, #10 Protective Order, 8 Notice re: Disclosure Statement,, #3 MOTION for Temporary Restraining Order filed by Rahulkumar M. Patel, #1 Complaint filed by Rahulkumar M. Patel, #11 Electronic Filing Order, #9 Order on Pretrial Deadlines, #4 Consent to Electronic Notice filed by Rahulkumar M. Patel Signed by Clerk on 4/3/2023. (Fanelle, N.) |
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Filing 11
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 4/3/2023. (Fanelle, N.)
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 4/3/2023. (Fanelle, N.)
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Filing 9
Order on Pretrial Deadlines: Amended Pleadings due by 6/2/2023 Discovery due by 10/3/2023 Dispositive Motions due by 11/7/2023 Signed by Clerk on 4/3/2023. (Fanelle, N.)
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| Filing 8 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 4/3/2023. (Mendez, D) |
| Filing 7 MOTION For Appointment Of Counsel, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 6 Notice Of Pro Se Appearance, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 5 MOTION By Self-Represented Litigant To Participate In Electronic Filing, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 4 Consent to Electronic Notice By Self-Represented Litigant, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 3 MOTION for Temporary Restraining Order, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 2 Civil Cover Sheet, by Rahulkumar M. Patel. (Mendez, D) |
| Filing 1 COMPLAINT against 789 Connecticut Avenue Holdings, LLC, CWCapital Asset Management LLC, Darshan Gandhi, Mount Street US LLP, Nirav Patel, Amit Shah, Wilmington Trust, National Association, filed by Rahulkumar M. Patel. (Mendez, D) |
| Filing fee received from Rahulkumar Patel: $ 402.00, manual receipt number 605665. HFD receipt number 20065. (Mendez, D) Modified on 4/4/2023 to enter receipt number (Mendez, D). |
| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Oliver, T.) |
| Case Reassigned to Judge Kari A. Dooley. Judge Sarala V. Nagala no longer assigned to the case. (Oliver, T.) |
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