Qian v. K Trans Worldwide Logistics LLC
| Haocheng Qian |
| K Trans Worldwide Logistics LLC |
| 3:2023cv00660 |
| May 19, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Sarala V Nagala |
| Other Fraud |
| None |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 EXHIBIT, by Haocheng Qian. (Mendez, D) |
| Filing 13 MOTION to add defendants, by Haocheng Qian. (Mendez, D) |
Filing 12
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Sarala V. Nagala on 6/7/2023.(Bozek, M.)
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| Set Deadline: Show Cause Response due by 6/29/2023. (Bozek, M.) |
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Filing 11
ORDER granting in part and denying in part #8 Plaintiff's Motion for Extension of Time; granting #9 Plaintiff's motion to participate in electronic filing. Plaintiff's motion at ECF No. 8 is styled as a "request for extension," but in substance she requests "that this case be adjourned until Plaintiff moves to re-initiate" it. ECF No. 8. The Court will not stay this case indefinitely, and the Court discourages Plaintiff from initiating a civil action when she is not prepared to litigate it. If Plaintiff does not want to pursue this action at this time, she can file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). In that event, the Court will dismiss this case without prejudice, and then Plaintiff can initiate a new civil action regarding the claims raised in this action when she is ready to litigate those claims. If she chooses to voluntarily dismiss this action and refile the same claim at a later time, Plaintiff should review Federal Rule of Civil Procedure 41(a)(1)(B) carefully.In the meantime, the Court will construe Plaintiff's motion as requesting an extension of time to respond to the Court's order to show cause at ECF No. 7. That request is granted. By June 29, 2023, Plaintiff must show cause why the amount in controversy exceeds $75,000 to a reasonable probability, or the Court will dismiss this action for lack of subject matter jurisdiction. Signed by Judge Sarala V. Nagala on 6/7/2023. (Rennie, Carolyn)
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| Filing 10 Consent to Electronic Notice By Self-Represented Litigant, by Haocheng Qian. (Mendez, D) |
| Filing 9 MOTION By Self-Represented Litigant To Participate In Electronic Filing, by Haocheng Qian. (Mendez, D) |
| Filing 8 MOTION for Extension of Time, by Haocheng Qian. (Mendez, D) |
| Set Deadline: Show Cause Response due by 6/15/2023. (Bozek, M.) |
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Filing 7
ORDER TO SHOW CAUSE. "Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute." Gunn v. Minton, 568 U.S. 251, 256 (2013) (citation and internal quotation marks omitted). A federal court has "an independent obligation to consider the presence or absence of subject matter jurisdiction sua sponte," Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006), and the court must dismiss an action whenever it determines that it lacks subject matter jurisdiction over the action, Fed. R. Civ. P. 12(h)(3). Relevant here, federal courts have diversity jurisdiction over all civil actions "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs, and is between... citizens of different States[.]" 28 U.S.C. 1332(a). If the amount in controversy does not exceed $75,000, or if the parties are not citizens of different states, the federal court lacks subject matter jurisdiction under 1332(a) to adjudicate the dispute. Here, Plaintiff alleges to be a citizen of Connecticut and alleges that Defendant is a citizen of California, which appears to satisfy the diversity of citizenship requirement. Compl., ECF No. 1 at 1. But it is Plaintiff's burden to show that it appears to a "'reasonable probability' that the claim is in excess of the statutory jurisdictional amount." Scherer v. Equitable Life Assur. Soc'y of U.S., 347 F.3d 394, 397 (2d Cir. 2003) (quoting Tongkook Am., Inc. v. Shipton Sportswear Co., 14 F.3d 781, 784 (2d Cir. 1994)). From the face of the complaint, it does not appear that Plaintiff's claim exceeds $75,000. Plaintiff alleges that the cost to ship her household good was approximately $2,400 USD, and she alleges that she was extorted $8,000 USD; but those two amounts together do not pass the $75,000 threshold for this Court to exercise diversity jurisdiction. Accordingly, by June 15, 2023, Plaintiff shall show cause why the amount in controversy exceeds $75,000 to a reasonable probability, or the Court will be required to dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). Signed by Judge Sarala V. Nagala on 6/1/2023. (Rennie, Carolyn)
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| 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 Protective Order, #3 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement, #1 Complaint filed by Haocheng Qian, #5 Electronic Filing Order. Signed by Clerk on 5/22/2023. (Mendez, D) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 5/19/2023. (Mendez, D)
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 5/19/2023. (Mendez, D)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 7/18/2023. Discovery due by 11/18/2023. Dispositive Motions due by 12/23/2023. Signed by Chief Judge on 5/19/2023. (Mendez, D)
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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 5/19/2023.(Samson, Jessalyn) |
| Filing 1 COMPLAINT against K Trans Worldwide Logistics LLC, filed by Haocheng Qian.(Samson, Jessalyn) |
| Filing fee received from Haocheng Qian: $ 402, manual receipt number 605721 (Samson, Jessalyn) |
| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Shafer, J.) |
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| Plaintiff: Haocheng Qian | |
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| Defendant: K Trans Worldwide Logistics LLC | |
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