Merweather v. 648 Whisper Lane Property, LLC
| Anthony Merweather |
| 648 Whisper Lane Property, LLC doing business as Azure at Riverside Apartments |
| 1:2024cv03077 |
| July 11, 2024 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on July 31, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 Case electronically remanded to State Court of Fulton County re #7 Order. Certified copy of remand order sent electronically. Filing status: Receipted. (gww) (Additional attachment(s) added on 8/13/2024: #1 Confirmation of Receipted Filing - State Court of Fulton) (gww). Modified on 8/13/2024 (gww). |
| Civil Case Terminated. (gww) |
Filing 7
ORDER: This matter is before the Court on Defendants Motion to Withdraw its Notice of Removal Doc. #6 . Because the parties are not diverse, the motion is GRANTED. The Clerk is DIRECTED to remand this matter to the State Court of Fulton County and CLOSE this case. Signed by Judge J. P. Boulee on 7/30/2024. (gww)
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| Notification of Docket Correction re #6 MOTION to Withdraw Notice of Removal. Incorrect event used. Docket modified to accurately reflect filed document. (gww) |
| Filing 6 MOTION to Withdraw Notice of Removal by 648 Whisper Lane Property, LLC re #1 Notice of Removal, #5 Notice (Other) Motion to Withdraw Notice of Removal (Attachments: #1 Exhibit Trion Multifamily Opportunity Fund III, LLC positions)(Bowles, Derron) Modified on 7/30/2024 to edit docket text (gww). |
| Filing 5 NOTICE by 648 Whisper Lane Property, LLC re #1 Notice of Removal, Supplement (Dizon, Agnes) |
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ORDER: Defendant 648 Whisper Lane Property, LLC removed this case, asserting diversity jurisdiction as the only basis for the Court's subject matter jurisdiction. [Doc. 1]. On July 12, 2024, this Court ordered Defendant to submit a supplemental filing properly alleging Defendant's citizenship to establish diversity jurisdiction. The Court advised Defendant that it must allege the citizenship of each of its members. On July 22, 2024, Defendant filed a Supplement to its Notice of Removal, which lists each of its members and provides an organizational chart and a list of investors but nevertheless fails to clearly allege the citizenship of each of its members. Even further, Defendant lists additional LLCs that are members of 648 Whisper Lane Property, LLC, without listing the citizenship of each of those LLC members. Therefore, the Court will provide a final opportunity for Defendant to submit a supplemental filing properly alleging its citizenship within seven (7) days of this Order. Otherwise, the Court will remand this case to the State Court of Fulton County, Georgia. So ordered by Judge J. P. Boulee on July 22, 2024. (jkl)
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| Submission of Order to District Judge J. P. Boulee. (jkl) |
| Clerk's Notation re #3 Certificate of Interested Persons/Corporate Disclosure Statement: Read and approved by District Judge J. P. Boulee. (jkl) |
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Filing 4
STANDING ORDER. Signed by Judge J. P. Boulee on July 12, 2024. (jkl)
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ORDER: Defendant removed this case, asserting diversity jurisdiction as the only basis for the Court's subject matter jurisdiction. [Doc. 1]. Defendant fails, however, to properly allege its citizenship. An LLC 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). Therefore, Defendant must allege the citizenship of each of its members to sufficiently allege citizenship of the LLC. Accordingly, the Court HEREBY ORDERS Defendant, within seven (7) days from the date of this Order, to submit a supplemental filing properly alleging its citizenship in order to establish diversity jurisdiction. Otherwise, the Court will remand this litigation to the State Court of Fulton County, Georgia. So ordered by Judge J. P. Boulee on July 12, 2024. (jkl)
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| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by 648 Whisper Lane Property, LLC. (dgr) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by 648 Whisper Lane Property, LLC. Discovery ends on 12/9/2024. (Attachments: #1 Answer to Notice of Removal Found within Notice of Removal)(dgr) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by 648 Whisper Lane Property, LLC. (Filing fee $ 405 receipt number AGANDC-13565963) (Attachments: #1 Civil Cover Sheet)(dgr) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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