Plumtrees Plumbing & Heating, LLC v. SANY America, Inc.
| Plumtrees Plumbing & Heating, LLC |
| SANY America, Inc. |
| 3:2023cv00913 |
| July 7, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Robert M Spector |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 17 NOTICE of Appearance by Chris Parkin on behalf of Plumtrees Plumbing & Heating, LLC (Parkin, Chris) |
| Answer deadline updated for SANY America, Inc. to 9/29/2023. (Johnson, D.) |
Filing 16
ORDER. The #15 motion for extension is GRANTED. Defendant's response to plaintiff's complaint is due by September 29, 2023.Signed by Judge Michael P. Shea on 8/24/2023. (Britt, Joshua)
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| Filing 15 First MOTION for Extension of Time until September 29, 2023 to Plead by SANY America, Inc.. (Tung, Nicole) |
| Filing 14 NOTICE of Appearance by Nicole Tung on behalf of SANY America, Inc. (Tung, Nicole) |
| Filing 13 SUMMONS Returned Executed by Plumtrees Plumbing & Heating, LLC. SANY America, Inc. served on 8/10/2023, answer due 8/31/2023. (Buzzi, Andrew) |
| Filing 12 Amended RESPONSE re 11 Order,,,,, 9 Order,,,,,, Plaintiff's Revised Statement of Citizenship filed by Plumtrees Plumbing & Heating, LLC. (Buzzi, Andrew) |
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Filing 11
ORDER. Plaintiff has filed its statement of citizenship, which alleges that plaintiff's sole member is "a resident of New Fairfield, Conn.," so that "for diversity jurisdiction purposes, the Plaintiff is solely a resident of Connecticut." ECF No. 10 at 1. 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 party asserting jurisdiction 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.Plaintiff must file a statement properly alleging the citizenship of its sole member by August 7, 2023. Signed by Judge Michael P. Shea on 7/28/2023. (Britt, Joshua)
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| Filing 10 RESPONSE re 9 Order,,,,,, Plaintiff's Statement of Citizenship filed by Plumtrees Plumbing & Heating, LLC. (Buzzi, Andrew) |
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Filing 9
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 plaintiff as "a Connecticut Limited Liability Company with a principal place of business at 18 Plumtrees Road, Danbury, Connecticut." ECF No. 1 at 2. But "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). Because Plaintiff has not alleged anything about the citizenship of the members of Plumtrees Plumbing & Heating, LLC, it has not adequately alleged complete diversity.Plaintiff shall file a statement of citizenship by August 7, 2023. The statement should properly indicate the citizenship of each member of Plumtrees Plumbing & Heating, LLC. For any member of Plumtrees Plumbing & Heating, 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 7/24/2023. (Britt, Joshua)
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| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *SANY America, Inc.* with answer to complaint due within *21* days. Attorney *Andrew J. Buzzi, Jr.* *Law Office of Andrew J. Buzzi, Jr., LLC* *69 North Street* *Danbury, CT 06810*. (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 #3 Disclosure Statement filed by Plumtrees Plumbing & Heating, LLC, #4 Order on Pretrial Deadlines, #1 Complaint filed by Plumtrees Plumbing & Heating, LLC, #6 Protective Order, 2 Notice re: Disclosure Statement, #5 Electronic Filing Order Signed by Clerk on 7/12/2023. (Peterson, M) |
| Filing 3 Disclosure Statement by Plumtrees Plumbing & Heating, LLC. (Buzzi, Andrew) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/07/2023. (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 07/07/2023. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 9/5/2023. Discovery due by 1/6/2024. Dispositive Motions due by 2/10/2024. Signed by Clerk on 07/07/2023. (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 7/7/2023.(Anastasio, F.) |
| Judge Michael P. Shea and Judge Robert M. Spector added. (Freberg, B) |
| Filing 1 COMPLAINT against SANY America, Inc. ( Filing fee $402 receipt number ACTDC-7406365.), filed by Plumtrees Plumbing & Heating, LLC.(Buzzi, Andrew) |
| Request for Clerk to issue summons as to SANY America, Inc.. (Buzzi, Andrew) |
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| Plaintiff: Plumtrees Plumbing & Heating, LLC | |
| Represented By: | Andrew J. Buzzi, Jr. |
| Represented By: | Chris Parkin |
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| Defendant: SANY America, Inc. | |
| Represented By: | Nicole Tung |
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