Read v. Fay Servicing, LLC et al
| sandra read |
| Elizon Master Participation Trust I, Fay Servicing LLC, U.S. Bank Trust National Association and Fay Servicing, LLC |
| 8:2021cv00369 |
| February 16, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 8
ENDORSED ORDER granting Defendant's unopposed motion to withdraw the notice of removal. (Doc. #7). The Clerk is directed to remand this case to the Sixth Judicial Circuit Court in and for Pinellas County, Florida. After remand, the Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 2/26/2021. (LEA)
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| Filing 7 Unopposed MOTION to Withdraw #1 Notice of Removal or Consent to Remand by Elizon Master Participation Trust I, Fay Servicing, LLC, U.S. Bank Trust National Association. (Anderson, Terrance) |
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by March 4, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 2/18/2021. (LEA)
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Filing 5
ENDORSED ORDER: Plaintiff Sandra Read filed this action in state court on December 31, 2020. (Doc. # 1-1). On February 16, 2021, Defendants Fay Servicing, LLC, Elizon Master Participation Trust I, and U.S. Bank Trust National Association removed the action to federal court on the basis of diversity jurisdiction. (Doc. # 1). Defendants assert there is complete diversity of citizenship because Read is a citizen of Florida, while U.S. Bank (as owner trustee of the trust) is a national banking association with a main office in Minnesota, and Fay Servicing is "a single member LLC wholly owned by Fay Management, LLC," which is "a Delaware LLC, with its principal place of business in Chicago, IL." (Id. at 2-3). Defendants therefore assert that Fay Servicing is a citizen of Illinois for diversity purposes. However, where an LLC has, as one of its members, another LLC, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be" to determine the citizenship of the LLC. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Accordingly, Defendants are directed to provide additional information establishing the citizenships of all members of Fay Management, LLC by February 25, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/18/2021. (LEA)
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| Filing 4 NOTICE to counsel Niles B. Whitten of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system. (Signed by Deputy Clerk) (JLD) |
| Filing 3 NOTICE to counsel Niles B. Whitten of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov. (Signed by Deputy Clerk) (JLD) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-0369-VMC-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit Court in and for Pinellas County Florida, case number 20-006143-CI filed in State Court on December 31, 2020. Filing fee $ 402, receipt number 113A-17891771 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Docket Sheet, #4 Civil Cover Sheet)(Anderson, Terrance) |
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