DC SOCCER, LLC et al v. CAPX OFFICE SOLUTIONS, LLC et al
| DC STADIUM LLC and DC SOCCER, LLC |
| CAPX SOLUTIONS, LLC, JOHN VASSOS and CAPX OFFICE SOLUTIONS, LLC |
| 1:2019cv03163 |
| October 22, 2019 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Set/Reset Deadlines: Plaintiffs' opposition to defendants' #18 Partial Motion to Dismiss due by 1/30/2020; defendants' reply due by 2/13/2020. (tg) |
MINUTE ORDER (paperless) GRANTING plaintiffs' #20 Consent Motion for an Extension of Time for Plaintiffs to Respond to Defendants' Partial Motion to Dismiss. Accordingly, plaintiffs shall file, by January 30, 2020, their opposition to defendants' #18 Partial Motion to Dismiss, and defendants shall file their reply to the plaintiffs' opposition, if any, by February 13, 2020. Signed by Chief Judge Beryl A. Howell on December 20, 2019. (lcbah4)
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| Filing 20 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss by DC SOCCER, LLC, DC STADIUM LLC (Attachments: #1 Text of Proposed Order)(Toof, Jackson) |
| Filing 19 ANSWER to Complaint with Jury Demand by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC.(zrdj) |
| Filing 18 Partial MOTION to Dismiss by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS (Attachments: #1 Text of Proposed Order)(zrdj) |
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MINUTE ORDER (paperless) GRANTING defendants' unopposed #12 Motion for Extension of Time to File Answer and Partial Motion to Dismiss for good cause shown. Fed. R. Civ. P. 6(b)(1)(B). Accordingly, the Clerk of the Court is DIRECTED to docket the defendants' Partial Motion to Dismiss and Answer, attached as exhibits D and E to defendants' #12 Motion for Extension of Time. Signed by Chief Judge Beryl A. Howell on December 17, 2019. (lcbah4)
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| Filing 17 NOTICE Defendants' Statement Concerning the Propriety of Exercising Personal Jurisdiction in this Action by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS re #15 Notice (Other), #16 Notice (Other), Order,,,,,,, #14 Notice (Other), Order,,,,,, Order,,,,, (Heyman, William) |
| Filing 16 NOTICE - Plaintiffs' Third Supplemental Statement of Jurisdiction by DC SOCCER, LLC, DC STADIUM LLC (Toof, Jackson) |
| Set/Reset Deadlines: Plaintiffs' response to Order of the Court due by 12/16/2019. (tg) |
| Filing 15 NOTICE - Plaintiffs' Second Supplemental Statement of Jurisdiction by DC SOCCER, LLC, DC STADIUM LLC (Toof, Jackson) |
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MINUTE ORDER (paperless) DIRECTING the plaintiffs, by December 16, 2019, to further supplement their jurisdictional allegations. In particular, the plaintiffs are directed to provide further information regarding their member(s) who "reside[s]" in England and whether that individual or entity is a United States or foreign citizen. #15 Pls.' Second Supp. Statement of Juris. at 2. See Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 82829 (explaining that "[i]n order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State," but when a United States citizen "has no domicile in any State" he is "stateless for purposes of 1332(a)(3)," which status "destroy[s] complete diversity" (internal quotation marks omitted)); see also D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 127 (1st Cir. 2011) ("[I]f even one [member of an unincorporated association] is either a stateless person or an entity treated like a stateless person," diversity jurisdiction would be lacking.). Signed by Chief Judge Beryl A. Howell on December 13, 2019. (lcbah4)
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| Filing 14 NOTICE - Plaintiffs' Supplemental Statement of Jurisdiction by DC SOCCER, LLC, DC STADIUM LLC (Toof, Jackson) |
| Filing 13 ERRATA correcting Exhibit C to Defendants' Memorandum in Support of Partial Motion to Dismiss by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS #12 MOTION for Extension of Time to to File Answer and Partial Motion to Dismiss filed by JOHN VASSOS, CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC. (Attachments: #1 Errata Corrected Exhibit C, Declaration of William S. Heyman)(Heyman, William) |
| Set/Reset Deadlines: Plaintiffs' supplemental memorandum due by 4:00 pm on 12/13/2019. (tg) |
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MINUTE ORDER (paperless) DIRECTING the plaintiffs, by December 13, 2019 at 4:00 pm, to further supplement their jurisdictional allegations. In particular, although the plaintiffs maintain that "[t]heir parent company is Black Eagle Mezzanine Holdings LLC, whose parent company is Black Eagle Investment Group LLC, whose parent company is D.C. United Partners LLC," #14 Pls.' Supp. Statement of Juris. at 2, they only allege the citizenship of the members of D.C. United Partners LLC and fail to allege the citizenship of the members of either Black Eagle Mezzanine Holdings LLC or Black Eagle Investment Group LLC. See V&M Star, LP v. Centimark Corp., 596 F.3d 354, 356 (6th Cir. 2010) ("[B]ecause a member of a limited liability company may itself have multiple membersand thus may itself have multiple citizenshipsthe federal court needs to know the citizenship of each 'sub-member' as well." (internal quotation marks omitted); Jakks Pac., Inc. v. Accasvek, LLC, 270 F. Supp. 3d 191, 195 (D.D.C. 2017) ("The citizenship of the members of an LLC is traced all the way throughthat is, when a member of an LLC is itself an LLC, the citizenship of the members of that LLC are relevant for diversity purposes, and so on." (citing Bayerische Landesbank v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012)). The citizenship of each individual, LLC, corporation, or other legal entity that is a member or "sub-member" of the plaintiffs is relevant to the diversity jurisdiction inquiry and, therefore, must be alleged. Signed by Chief Judge Beryl A. Howell on December 11, 2019. (lcbah4)
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| Filing 12 MOTION for Extension of Time to to File Answer and Partial Motion to Dismiss by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A Declaration of John Vassos, #3 Exhibit Ex. B Declaration of Warren E. Tydings, #4 Exhibit Ex. C Declaration of William S. Heyman, #5 Exhibit Ex. D. Partial Motion to Dismiss, Memo and proposed Order, #6 Exhibit Ex. Answer, #7 Text of Proposed Order Proposed Order)(Heyman, William) |
| Set/Reset Deadlines: Plaintiff's response to Order of the Court due by 12/11/2019; defendant's response due by 12/16/2019. (tg) |
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MINUTE ORDER (paperless) STRIKING the defendants' #10 Partial Motion to Dismiss and #11 Answer as untimely. See Fed. R. Civ. P. 12(a)(1)(A)(i) ("A defendant must serve an answer... within 21 days after being served"); Fed. R. Civ. P. 6(b)(1)(B) ("When an act must be done within a specified time, the court may, for good cause, extend the time... on motion made after the time has expired if the party failed to act because of excusable neglect." (emphasis added)). The plaintiff is further DIRECTED, by December 11, 2019, to address whether the exercise of diversity jurisdiction is proper in this case. While the complaint maintains that "[t]he Court has original jurisdiction pursuant to 28 U.S.C. 1332(a) as this is a civil action between citizens of different states and the amount in controversy exceeds $75,000," Compl. 7, no allegations have been made concerning the citizenship of each member of each LLC that is a party such that the court may satisfy itself that complete diversity exists. See CostCommand, LLC v. WH Administrators, Inc., 820 F.3d 19, 21 (D.C. Cir. 2016) ("Unincorporated associations, including LLCs, have the citizenship of each of their members." (citing Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012, 1015 (2016))); see also Kaplan v. Cent. Bank of the Islamic Republic of Iran, 896 F.3d 501, 511 (D.C. Cir. 2018) ("A defect of subject-matter jurisdiction is non-waivable, such that a court must always assure itself of its subject-matter jurisdiction regardless of whether a party has raised a challenge." (citing Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982))). The defendant is DIRECTED to submit its position on the propriety of the exercise of diversity jurisdiction in this case by December 16, 2019. Signed by Chief Judge Beryl A. Howell on December 6, 2019. (lcbah4)
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| Filing 11 STRICKEN PURSUANT TO 12/6/2019 MINUTE ORDER.....ANSWER to Complaint with Jury Demand Answer to Complaint Counts I and II by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC.(Heyman, William) Modified on 12/9/2019 (zrdj). |
| Filing 10 STRICKEN PURSUANT TO 12/6/2019 MINUTE ORDER.....Partial MOTION to Dismiss by CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Heyman, William) Modified on 12/9/2019 (zrdj). |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN VASSOS served on 10/29/2019, answer due 11/19/2019 (Toof, Jackson) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CAPX OFFICE SOLUTIONS, LLC served on 10/29/2019, answer due 11/19/2019 (Toof, Jackson) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CAPX SOLUTIONS, LLC served on 10/25/2019, answer due 11/15/2019 (Toof, Jackson) |
| Filing 6 NOTICE of Appearance by Emily Baver Slavin on behalf of All Plaintiffs (Slavin, Emily) |
| Filing 5 SUMMONS (3) Issued Electronically as to CAPX OFFICE SOLUTIONS, LLC, CAPX SOLUTIONS, LLC, JOHN VASSOS. (Attachment: #1 Notice and Consent)(zmc) |
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Filing 4
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on October 24, 2019. (lcbah4)
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| Case assigned to Chief Judge Beryl A. Howell. (zmc) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DC STADIUM LLC (Toof, Jackson) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DC SOCCER, LLC (Toof, Jackson) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number ADCDC-6470087) filed by DC SOCCER, LLC, DC STADIUM LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet, #8 Summons, #9 Summons, #10 Summons)(Toof, Jackson) |
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