GMH Fence Co., Inc. v. Louth Callan Renewables, LLC
| GMH Fence Co., Inc. |
| Louth Callan Renewables, LLC |
| 3:2024cv01159 |
| July 8, 2024 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Jeffrey A Meyer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 21
ORDER denying #2 Motion for Prejudgment Remedy and #4 Motion for Disclosure of Assets as moot in light of the notice of voluntary dismissal at ECF No. 20. Signed by Judge Thomas O. Farrish on 9/3/24. (Wood, R.)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Lewis, D) |
| Filing 20 NOTICE of Voluntary Dismissal by GMH Fence Co., Inc. (Minchella, Anthony) |
| Answer deadline updated for Louth Callan Renewables, LLC to 8/5/2024. (Chartier, A.) |
| Filing 19 RESPONSE re 14 Order,,,,,,,,,,,, Plaintiff's Statement Concerning Subject Matter Jurisdiction by GMH Fence Co., Inc.. (Attachments: #1 Exhibit A)(Minchella, Anthony) |
| Filing 18 AMENDED COMPLAINT AND JURY DEMAND against Louth Callan Renewables, LLC, filed by GMH Fence Co., Inc..(Minchella, Anthony) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Louth Callan Renewables LLC on July 15, 2024, filed by GMH Fence Co., Inc.. (Minchella, Anthony) |
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Filing 16
ORDER granting #15 Motion for Extension of Time #15 MOTION for Extension of Time until 8/1/2024 To File Statement Concerning Subject Matter Jurisdiction. Signed by Judge Thomas O. Farrish on 7/17/24. (Wood, R.)
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| Filing 15 MOTION for Extension of Time until 8/1/2024 To File Statement Concerning Subject Matter Jurisdiction by GMH Fence Co., Inc.. (Minchella, Anthony) |
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Filing 14
ORDER re: Subject Matter Jurisdiction. Judge Meyer has referred the plaintiff's motions for a prejudgment remedy and disclosure of assets to the undersigned. (ECF No. 12.) The Court notes at the outset that this is a case brought by a Massachusetts corporation against a limited liability company formed under Connecticut law. The plaintiff asserts diversity jurisdiction pursuant to 28 U.S.C. 1332. (See Compl., ECF No. 1, 1.) Before acting on the motions, however, the Court is "obliged to satisfy [itself] that jurisdiction exists." Mumma v. Pathway Vet Alliance, LLC, 648 F. Supp. 3d 373, 385 (D. Conn. 2023) (quoting Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt., 692 F.3d 42, 48 (2d Cir. 2012)) (internal quotation marks omitted). Having reviewed the complaint (ECF No. 1) and other filings in this matter, the Court is currently unsure whether subject matter jurisdiction exists, and accordingly it requires further information.It is well established that, for diversity jurisdiction purposes, "[t]he citizenship of an LLC 'is determined by the citizenship of each of its members'." Id. at 386 (quoting Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016)). The Court does not observe any information in the pleadings or elsewhere on the docket regarding the citizenship of the members of the defendant LLC. The complaint identifies the state of formation and the state in which the defendant has its business offices, but this is insufficient to confer jurisdiction without additional information about the citizenship of the LLC's members. See id. ("Ms. Mumma's complaint alleges that the two Defendant LLCs are registered in Delaware and have their principal places of business in Texas, but it says nothing about the identity or citizenship of the LLCs' members. Her complaint therefore does not establish diversity jurisdiction.").The plaintiff is therefore respectfully directed to file, by July 18, 2024, a statement setting forth the members of the defendant LLC, and the citizenship of each member, at the time the action was commenced, or otherwise explaining the basis for diversity jurisdiction. Linardos v. Fortuna, 157 F.3d 945, 947 (2d Cir. 1998) ("It is hornbook law that the question of whether federal diversity jurisdiction exists is determined by examining the citizenship of the parties at the time the action is commenced.") (citation and quotation marks omitted). If any member is itself an LLC, the statement must address the identities and citizenship of the members of that LLC. See, e.g., Avant Capital Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 322 (S.D.N.Y. 2016) ("[I]f either of the LLC-parties have members which are LLC's, the citizenship of the members of those LLC's must also be given, and must be diverse[.]"). It is so ordered. Signed by Judge Thomas O. Farrish on 7/12/24.(Wood, R.)
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| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Louth Callan Renewables, LLC* with answer to complaint due within *21* days. Attorney *Anthony Rosato Minchella* *Minchella & Associates LLC* *984 Southford Road, Suite 14* *Middlebury, CT 06762*. (Chartier, A.) |
| Request for Clerk to issue summons as to Louth Callan Renewables, LLC. (Minchella, Anthony) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for motion including #2 MOTION for Prejudgment Remedy , #4 MOTION for Disclosure of Assets Signed by Judge Jeffrey A. Meyer on 7/8/2024.Motions referred to Thomas O. Farrish(Lewis, D)
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| Filing 11 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 #2 MOTION for Prejudgment Remedy filed by GMH Fence Co., Inc., 6 Notice re: Disclosure Statement, #3 Proposed Order filed by GMH Fence Co., Inc., #10 Notice of Option to Consent to Magistrate Judge Jurisdiction, #8 Electronic Filing Order, #4 MOTION for Disclosure of Assets filed by GMH Fence Co., Inc., #5 Disclosure Statement filed by GMH Fence Co., Inc., #7 Order on Pretrial Deadlines, #9 Standing Protective Order, #1 Complaint filed by GMH Fence Co., Inc. Signed by Clerk on 7/8/2024.(Chartier, A.) |
| Filing 10 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Chartier, A.) |
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Filing 9
Standing Protective Order Signed by Judge Jeffrey A. Meyer on 7/8/2024.(Chartier, A.)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 7/8/2024.(Chartier, A.)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 9/6/2024 Discovery due by 1/7/2025 Dispositive Motions due by 2/11/2025 Signed by Clerk on 7/8/2024.(Chartier, A.)
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| Filing 6 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 7/8/24.(Hushin, Z.) |
| Filing 5 Disclosure Statement by GMH Fence Co., Inc.. (Minchella, Anthony) |
| Filing 4 MOTION for Disclosure of Assets by GMH Fence Co., Inc.. (Minchella, Anthony) |
| Filing 3 PROPOSED ORDER re #2 MOTION for Prejudgment Remedy by GMH Fence Co., Inc.. (Minchella, Anthony) |
| Filing 2 MOTION for Prejudgment Remedy by GMH Fence Co., Inc.. (Minchella, Anthony) |
| Filing 1 COMPLAINT against Louth Callan Renewables, LLC ( Filing fee $405 receipt number ACTDC-7826096.), filed by GMH Fence Co., Inc..(Minchella, Anthony) |
| Judge Jeffrey A. Meyer and Judge Thomas O. Farrish added. (Oliver, T.) |
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| Plaintiff: GMH Fence Co., Inc. | |
| Represented By: | Anthony Rosato Minchella |
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| Defendant: Louth Callan Renewables, LLC | |
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