Giordano III et al v. Oban Energies, LLC
| Raffaele Piu and Andrew Giordano III |
| Oban Energies, LLC |
| 9:2021cv81051 |
| June 12, 2021 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTICE of Striking #9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Andrew Giordano III, Raffaele Piu as Moot by Andrew Giordano III, Raffaele Piu (Wasch, Adam) |
| Filing 10 RESPONSE in Opposition re #8 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Andrew Giordano III, Raffaele Piu. Replies due by 8/5/2021. (Wasch, Adam) |
| Filing 9 (STRICKEN per DE #11 ) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Andrew Giordano III, Raffaele Piu. (Attachments: #1 Text of Proposed Order)(Wasch, Adam) Text Modified on 7/30/2021 (amb). |
| Filing 8 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Oban Energies, LLC. Responses due by 7/29/2021 (Willbur, Dean) |
| Filing 7 NOTICE of Attorney Appearance by Dean Lawrence Willbur, Jr on behalf of Oban Energies, LLC. Attorney Dean Lawrence Willbur, Jr added to party Oban Energies, LLC(pty:dft). (Willbur, Dean) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Raffaele Piu, Andrew Giordano III. Oban Energies, LLC served on 6/24/2021, answer due 7/15/2021. (Wasch, Adam) |
| Filing 5 AMENDED COMPLAINT against Oban Energies, LLC filed in response to Order Granting Motion for Leave, filed by Raffaele Piu, Andrew Giordano III. (Attachments: #1 Exhibit Giordano Note, #2 Exhibit Piu Note)(Wasch, Adam) |
Filing 4
PAPERLESS ORDER REQUIRING AMENDED COMPLAINT. In their Complaint (DE #1 ), Plaintiffs assert that this Court has subject matter jurisdiction over this case based on diversity but does not allege the facts necessary to plead diversity. Specifically, to properly plead the citizenship of a limited liability company ("LLC"), Plaintiffs must provide the citizenship of all the members of the LLC party. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Although Plaintiff alleges that Defendant Oban Energies, LLC "was formed as a limited liability company under the laws of the State of Florida and has its principal place of business" in Palm Beach Gardens, Florida, Plaintiffs fail to identity each of Oban Energies, LLC's members and to allege their respective citizenship(s). Therefore, on or before June 18, 2021, Plaintiffs shall file an Amended Complaint that clearly states how many members Oban Energies, LLC has, identifies each member, and provides the proper citizenship of each member, and thus clearly establishes diversity jurisdiction. Plaintiffs are advised that failure to timely comply with this Order may result in dismissal of this action without prejudice. Signed by Judge Donald M. Middlebrooks on 6/15/2021. (kal)
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| Filing 3 Summons Issued as to Oban Energies, LLC. (pes) |
| Filing 1 COMPLAINT against Oban Energies, LLC. Filing fees $ 402.00 receipt number AFLSDC-14762483, filed by Raffaele Piu, Andrew Giordano III. (Attachments: #1 Exhibit Giordano Note, #2 Exhibit Piu Note, #3 Civil Cover Sheet, #4 Summon(s))(Wasch, Adam) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pes) |
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