Poker Unicorns LLC v. Lively et al
| Poker Unicorns LLC |
| Jacob Lively, Barry Lively, Johnny Paglino, Kim Puleo Lively, Ellen Holmgren and Mark Lively |
| 8:2023cv02816 |
| December 8, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Poker Unicorns LLC.(Ruiz, Victor) |
| Filing 7 SUPPLEMENT re 5 Order directing compliance by Poker Unicorns LLC. (Fraguio, David) |
| Filing 6 SUPPLEMENT re 4 Order directing compliance by Poker Unicorns LLC. (Fraguio, David) |
Filing 5
ENDORSED ORDER: The Complaint states that "[v]enue is proper pursuant to 28 U.S.C. 1391(b)(3) because Defendant Kim, Defendant Mark, and Defendant Barry are subject to jurisdiction in this district." (Doc. # 1 at 2). 28 U.S.C. 1391(b)(3) provides that venue is proper in "any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action," so long as "there is no district in which an action may otherwise be brought as provided in this section." The Complaint does not address why the case cannot be brought in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated." 28 U.S.C. 1391(b)(2). Accordingly, Plaintiff is directed to provide more information to the Court establishing, if possible, that venue is proper in the Tampa Division of the Middle District of Florida by January 3, 2024. Signed by Judge Virginia M. Hernandez Covington on 12/20/2023. (JAK)
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Filing 4
ENDORSED ORDER: Plaintiff Poker Unicorns LLC is directed to file a supplemental brief listing the citizenships of the LLC's members by January 3, 2024. Diversity jurisdiction requires that there be complete diversity of citizenship between the parties. 28 U.S.C. 1332(a). "[A] limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of [a limited liability company], a party must list the citizenships of all the members of the limited liability company." Id. The Complaint provides insufficient information to support diversity jurisdiction because it does not list the citizenships of Poker Unicorns LLC's members. Signed by Judge Virginia M. Hernandez Covington on 12/20/2023. (JAK)
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| Filing 3 NOTICE of Appearance by David M Fraguio on behalf of Poker Unicorns LLC (Fraguio, David) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-02816-VMC-AAS. (AM) |
| Filing 1 **COUNSEL TO REFILE;DEFENDANT NAME AND SUMMONS INCORRECT**COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-21545487) filed by Poker Unicorns LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Ruiz, Victor) Modified text on 12/12/2023 (KME). Modified text on 1/26/2024 (KME). |
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