O'Brien v. Rushmore Loan Management Services, LLC et al
| Mark E. O'Brien |
| Rushmore Loan Management Services, LLC, Caliber Home Loans, Inc. and John P. Grayken |
| 3:2023cv01369 |
| October 18, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| S Dave Vatti |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 Statement Regarding Membership of Rushmore Loan Management, LLC and State of Incorporation and Principle Place of Business for Defendant Caliber re 9 Order filed by Mark E. O'Brien. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Envelope) (Peterson, M) |
Filing 11
RE-DOCKETED 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 Michael P Shea on 11/16/23.(Johnson, D.)
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Filing 10
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 Michael P Shea on 11/16/23.(Johnson, D.)
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Filing 9
ORDER. Because of the limited jurisdiction of the federal courts, it is "incumbent upon th[e] court to raise the question of subject matter jurisdiction sua sponte whenever it appears from the pleadings or otherwise that jurisdiction is lacking." John Birch Soc. v. Nat'l Broad. Co., 377 F.2d 194, 199 (2d Cir. 1967); see Fed. R. Civ. P. 12(h). In this case, Plaintiff alleges that federal jurisdiction to adjudicate the dispute between the parties rests on grounds of diversity of citizenship. 28 U.S.C. 1332(a). Plaintiff sues Rushmore Loan Management Services, LLC ("Rushmore"), which is a limited liability company ("LLC"). Plaintiff identifies the address of Rushmore's headquarters. ECF No. 1 at 3. However, for purposes of diversity jurisdiction, an LLC is deemed a citizen of every state in which its members are citizens. See Handelsman v. Bedford Vill. Associates Ltd. P'ship, 213 F.3d 48, 52 (2d Cir. 2000). Plaintiff does not allege the citizenship of each of Rushmore's members, and so the complaint fails to identify Rushmore's citizenship. In addition, Plaintiff sues Caliber Home Loans, Inc. ("Caliber") and identifies the address of its headquarters. ECF No. 1 at 3. However, a corporation is deemed a citizen of the state in which it is incorporated and of the state where it has its principal place of business. 28 U.S.C. 1332(c). Plaintiff has not alleged this information, and so the complaint fails to identify Caliber's citizenship."[T]he party who seeks the exercise of jurisdiction" in federal court "must allege in his pleading the facts essential to show jurisdiction." McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). Therefore, within 14 days, Plaintiff shall file on the docket a statement setting forth the citizenship of each member of Rushmore as well as the state of incorporation and the principal place of business of Caliber. Plaintiff is advised that if any member of Rushmore is itself an LLC, Plaintiff must provide the citizenship of each member 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. If Plaintiff is unable to do so, he may take limited discovery aimed at identifying the defendants' citizenship.Failure to comply with this order will result in dismissal of the complaint without prejudice. Signed by Judge Michael P Shea on 11/16/2023.(Bassali, David)
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Filing 8
ORDER. The #3 motion to participate in electronic filing is GRANTED. Signed by Judge Michael P Shea on 11/16/2023. (Bassali, D.)
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| 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 MOTION To Participate in Electronic Filing filed by Mark E. O'Brien, 2 Notice re: Disclosure Statement, #5 Electronic Filing Order, #1 Complaint filed by Mark E. O'Brien, #6 Protective Order, #4 Order on Pretrial Deadlines Signed by Clerk on 10/23/2023. (Peterson, M) |
| Filing fee received from Mark E O'Brien: $ 402.00, receipt number 20704 (Peterson, M) |
| Filing 3 MOTION To Participate in Electronic Filing by Mark E. O'Brien. (Gaskins, A) |
| 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 10/18/2023.(Gaskins, A) |
| Filing 1 COMPLAINT against Caliber Home Loans, Inc., John P. Grayken, Rushmore Loan Management Services, LLC, filed by Mark E. O'Brien. (Attachments: #1 civil cover sheet)(Gaskins, A) |
| Filing fee received from Mark E. O'Brien: $ 402.00, Money Order receipt number TBD (Gaskins, A) |
| Judge Michael P. Shea and Judge S. Dave Vatti added. (Shafer, J.) |
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