Mewn Media Inc. v. Kadena LLC
| Mewn Media Inc. |
| Kadena LLC |
| 3:2023cv00465 |
| April 12, 2023 |
| US District Court for the District of Connecticut |
| Robert A Richardson |
| Michael P Shea |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER. Defendant has filed a #20 Motion to Dismiss. On or before June 29, 2023, Plaintiff shall either file a response to the motion or file an amended complaint in which it pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendant's memorandum of law. The Court will not allow further amendments after June 29, 2023. If Plaintiff chooses to amend and if Defendant renews its motion to dismiss, Defendant may incorporate by reference any prior briefing. In light of this response deadline and in light of the Defendant's filing of its motion to dismiss on grounds similar to those raised in the Court's June 2 order (ECF No. 16), the deadline for the Plaintiff to respond to the June 2 order (ECF No. 16) is hereby amended to be June 29, 2023, the same due date for its response to the motion to dismiss (be it an amended complaint or a brief in opposition).Signed by Judge Michael P. Shea on 6/9/2023. (Davis, Christina)
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| Filing 22 AFFIDAVIT re #21 Memorandum in Support of Motion Signed By Stuart Popejoy filed by Kadena LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cretella, Michael) |
| Filing 21 Memorandum in Support re #20 MOTION to Dismiss for Lack of Jurisdiction [of subject matter] filed by Kadena LLC. (Cretella, Michael) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction [of subject matter] by Kadena LLC.Responses due by 6/29/2023 (Cretella, Michael) |
| Filing 19 MOTION for Order Permitting Defendant to Limit Disclosure Under Federal Rule of Civil Procedure 7.1 Order by Kadena LLC. (Cretella, Michael) |
| Filing 18 NOTICE of Appearance by Samantha Guere on behalf of Kadena LLC (Guere, Samantha) |
| Filing 17 NOTICE of Appearance by Michael Thomas Cretella on behalf of Kadena LLC (Cretella, Michael) |
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Filing 16
ORDER. It appears that Plaintiff's #15 Statement re: Jurisdiction does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332 over Defendant Kadena LLC because it does not properly allege the citizenship of Defendant. The statement identifies Defendant Kadena LLC as "a manager-managed Connecticut limited liability company comprised of two managers," both "citizen[s]" of Pennsylvania. ECF No. 15 at 1-2. As previously stated, "for 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). In other words, Plaintiff must identify and state the citizenship of each member of Kadena LLC. It is not clear from Plaintiff's notice or its attachments whether the identified managers are members or if so, whether the LLC also has other, non-manager members. If Plaintiff cannot determine whether there are other members, it may take limited discovery aimed at identifying the citizenship of Defendant's members. Within 14 days, plaintiff shall file a statement adequately setting forth the basis for the Court's jurisdiction. Failure to respond to this order will result in dismissal of the case for lack of subject matter jurisdiction.Signed by Judge Michael P. Shea on 6/2/2023. (Davis, Christina)
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| Filing 15 NOTICE by Mewn Media Inc. Statement re: Jurisdiction (Attachments: #1 Declaration of N. Singh, Esq., #2 Exhibit EXHIBIT A)(Rao, Prerna) |
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Filing 14
ORDER granting #13 MOTION for Attorney(s) Nitoj P. Singh and Anthony J. Fusaro to be Admitted Pro Hac Vice. Certificate of Good Standing due by 7/25/2023. Signed by Clerk on 5/26/2023. (Peterson, M)
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| Filing 13 MOTION for Attorney(s) Nitoj P. Singh, Anthony J. Fusaro to be Admitted Pro Hac Vice by Mewn Media Inc.. (Attachments: #1 Affidavit Prerna Rao, Esq., #2 Affidavit N. Singh, Esq., #3 Affidavit A. Fusaro, Esq., #4 Text of Proposed Order Proposed Order, #5 Notice- N. Singh, #6 Notice- A. Fusaro)(Rao, Prerna) |
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Filing 12
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 as to Defendant Kadena 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 Defendant Kadena LLC as "a Connecticut limited liability company, with, upon information and belief, its principal place of business in New York, New York." ECF No. #1 at 2. This statement is 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 Kadena LLC. If any member of Kadena 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. Signed by Judge Michael P. Shea on 5/15/2023. (Davis, Christina)
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| Filing 11 WAIVER OF SERVICE Returned Executed as to Kadena LLC waiver sent on 4/12/2023, answer due 6/11/2023 filed by Mewn Media Inc.. (Rao, Prerna) |
| Filing 10 Disclosure Statement by Mewn Media Inc.. (Rao, Prerna) |
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Filing 9
ORDER. The motion (ECF No. #8 ) is DENIED for failure to conform to Local Rule 83.1(d)(1)(b) (The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating.). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 4/17/2023. (Peterson, M)
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| Filing 8 MOTION for Attorney(s) Nitoj P. Singh, Anthony J. Fusaro to be Admitted Pro Hac Vice (paid $400 PHV fee; receipt number ACTDC-7312041) by Mewn Media Inc.. (Attachments: #1 Affidavit P. Rao, Esq., #2 Affidavit N. Singh, Esq., #3 Affidavit A. Fusaro, Esq., #4 Text of Proposed Order Proposed Order, #5 Notice- N. Singh, #6 Notice- A. Fusaro)(Rao, Prerna) |
| Filing 7 NOTICE of Appearance by Prerna Rao on behalf of Mewn Media Inc. (Rao, Prerna) |
| Filing 6 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 #4 Electronic Filing Order, #5 Protective Order, #3 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement, #1 Complaint filed by Mewn Media Inc. Signed by Clerk on 4/13/2023. (Peterson, M) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 4/12/2023. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 4/12/2023. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 6/11/2023. Discovery due by 10/12/2023. Dispositive Motions due by 11/16/2023. Signed by Clerk on 4/12/2023. (Peterson, M)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a 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 4/12/2023.(Anastasio, F.) |
| Filing 1 COMPLAINT against Kadena LLC ( Filing fee $402 receipt number ACTDC-7309380.), filed by Mewn Media Inc..(Rao, Prerna) |
| Judge Michael P. Shea and Judge Robert A. Richardson added. (Freberg, B) |
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| Plaintiff: Mewn Media Inc. | |
| Represented By: | Prerna Rao |
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| Defendant: Kadena LLC | |
| Represented By: | Michael Thomas Cretella |
| Represented By: | Samantha Guere |
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