David Sansone Company, Inc. v. Waiaha Ridge LLC
| David Sansone Company, Inc. |
| Doe Entities 1-50, Doe Corporations 1-50, Doe Partnerships 1-50, Waiaha Ridge LLC, Jane Does 1-50, John Does 1-50 and Daniel B. Bolton |
| 1:2020cv00411 |
| September 30, 2020 |
| US District Court for the District of Hawaii |
| HELEN GILLMOR |
| ROM TRADER |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 19
CERTIFICATE OF SERVICE by David Sansone Company, Inc. re #10 Amended Complaint, #4 Set Rule 16 Scheduling Conference, #12 Summons Issued [Title of Document: AMENDED PROOF OF SERVICE] (Piper, Alika)
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Filing 18
CERTIFICATE OF SERVICE by David Sansone Company, Inc. re #10 Amended Complaint, #4 Set Rule 16 Scheduling Conference, #12 Summons Issued (Piper, Alika)
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Filing 17
MOTION to Dismiss for failure to State a Claim Jason R. Braswell appearing for Defendants Daniel B. Bolton, Waiaha Ridge LLC (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Braswell, Jason)
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Filing 16
Scheduling Conference Statement of Plaintiff David Sansone Company, Inc.. (Attachments: #1 Certificate of Service)(Piper, Alika)
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Filing 15
Scheduling Conference Statement of Defendants Waiaha Ridge, LLC and Daniel B. Bolton. (Attachments: #1 Certificate of Service)(Braswell, Jason)
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Filing 14
Corporate Disclosure Statement by Waiaha Ridge LLC. (Braswell, Jason)
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Filing 13
EO: The Telephonic Rule 16 Scheduling Conference set for 11/30/2020 at 9:00AM before Magistrate Judge Trader will be held telephonically. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
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Filing 12
Summons Issued as to Daniel B. Bolton, Waiaha Ridge LLC (jo)
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Filing 11
Summons (Proposed) (Piper, Alika)
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Filing 10
Second AMENDED COMPLAINT for Declaratory Judgment and Other Relief against All Defendants, filed by David Sansone Company, Inc..(Piper, Alika) Modified on 10/20/2020 (jo)
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Filing 9
On October 16, 2020, Plaintiff David Sansone Company, Inc. filed: EX PARTE APPLICATION FOR LEAVE TO FILE "SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF." (ECF No. 8). The First Amended Complaint has not been served on Defendants Waiaha Ridge LLC and Daniel Bolton. Plaintiff seeks leave to file a Second Amended Complaint in response to the Court's October 7, 2020 Order to Show Cause. (ECF No. 7). The proposed Second Amended Complaint identifies the citizenship of all the members of Defendant Waiaha Ridge LLC and Defendant Daniel Bolton's citizenship for purposes of establishing diversity jurisdiction. The allegations in the Second Amended Complaint are sufficient to confer the Court with subject-matter jurisdiction based on diversity. The Second Amended Complaint resolves the issues raised by the Court in its Order to Show Cause. Plaintiff's Ex Parte Application For Leave to File its Second Amended Complaint is GRANTED. Plaintiff shall file with the Court its Second Amended Complaint, Exhibit 1 to Pl.'s Motion, ECF No. 8-3, no later than Monday, November 2, 2020. See Local Rule 10.4. The Court's October 7, 2020 Order to Show Cause is VACATED. (JUDGE HELEN GILLMOR)(tl)
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Filing 8
Ex Parte MOTION for Leave to File "Second Amended Complaint for Declaratory Judgment and Other Relief" Alika L. Piper appearing for Plaintiff David Sansone Company, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Alika L. Piper, #3 Exhibit "1")(Piper, Alika)
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ADVISORY ENTRY-Submission of Proposed Orders - Re: Document #8 Ex Parte MOTION for Leave to File "Second Amended Complaint for Declaratory Judgment and Other Relief" - If the filing party has not already done so, please email a proposed order in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo)
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Filing 7
On October 7, 2020, Plaintiff David Sansone Company, Inc. filed:FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF.(ECF No. 6). In the First Amended Complaint, Plaintiff alleges that the Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1332. Pursuant to Section 1332, a federal court has subject-matter jurisdiction based on diversity when there is complete diversity of citizenship between the parties, and the amount in controversy exceeds $75,000. 28 U.S.C. 1332(a); Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). Complete diversity requires that every plaintiff be a citizen of a different state from every defendant. Grancare, LLC v. Thrower ex rel. Mills, 889 F.3d 543, 548 (9th Cir. 2018). The First Amended Complaint alleges that Plaintiff "is a California corporation, with its principal place of business in the State of California." (Id.at 1). The First Amended Complaint names as Defendants Waiaha Ridge, LLC and Daniel Bolton. (Id. at 2, 3). The First Amended Complaint alleges Defendant Bolton "is a resident of the County of Hawaii, State of Hawaii." (Id. at 3). The First Amended Complaint also alleges Defendant Waiaha Ridge LLC "is a Hawaii limited liability company doing business in the State of Hawaii." (Id. at 2). The allegations in the First Amended Complaint are insufficient to confer the Court with subject-matter jurisdiction based on diversity. I.Defendant Waiaha Ridge LLCIn order to establish diversity jurisdiction, a corporation's state of incorporation and principal place of business must be alleged. Harris v. Rand, 682 F.3d 846, 850-51 (9th Cir. 2012). The citizenship of all members of an unincorporated association, including limited liability corporations and limited partnerships, is required. See Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 414 Fed. Appx. 62, 64 (9th Cir. 2011). Limited liability companies ("LLCs") are citizens of every state in which a member is a citizen. Johnson v. Columbia Prop. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Plaintiff's First Amended Complaint does not indicate the citizenship of each member of Defendant Waiaha Ridge LLC. The allegations in the First Amended Complaint are insufficient to establish subject-matter jurisdiction based on diversity. The citizenship of each member of an LLC is critical because if any LLC member is a citizen of the same state as an opposing party, diversity is lacking. Soaring Wind Energy, L.L.C. v. Catic USA Inc., 946 F.3d 742, 750 (5th Cir. 2020). II.Defendant Daniel Bolton Defendant Bolton's citizenship must be provided to establish if diversity exists. A person's residency may not be the same as his citizenship in a state. Fukuda v. Wong, Civ. No. 19-00661 ACK-WRP, 2019 WL 6907011, *2 (D. Haw. Dec. 18, 2019). III. Order to Show Cause Plaintiff is ORDERED TO SHOW CAUSE why the action should not be dismissed for lack of subject-matter jurisdiction. Plaintiff shall file a Memorandum that identifies each of the members of Waiaha Ridge LLC and the citizenship of each member. If any of the members of Waiaha Ridge LLC are themselves unincorporated associations or partnerships, Plaintiff shall further identify each member and specify the citizenship of the unincorporated associations or partnership members. Johnson, 437 F.3d at 899; see also Americold Realty Trust v. ConAgra Foods, Inc., 136 S.Ct. 1012, 1016-17 (2015). Plaintiff shall also identify the citizenship of Defendant Daniel Bolton. Plaintiff's Response to the Court's Order to Show Cause is due on or before Monday, November 16, 2020. Failure to file a Memorandum by November 16, 2020, will result in automatic dismissal of the First Amended Complaint for lack of subject-matter jurisdiction. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). (JUDGE HELEN GILLMOR)(tl) (tl, ). (Main Document 7 replaced on 10/7/2020) (tl, ).
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Filing 6
First AMENDED COMPLAINT for Declaratory Judgment and Other Relief against All Defendants, filed by David Sansone Company, Inc.(Piper, Alika) Docket Text Modified on 10/7/2020 (jo)
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Filing 5
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(emt, )
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 11/30/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/30/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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Filing 3
NOTICE of Case Assignment: Please reflect Civil case number CV 20-00411 HG-RT on all further pleadings. (emt, )
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Filing 2
Corporate Disclosure Statement by David Sansone Company, Inc.. (Piper, Alika)
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Filing 1
COMPLAINT against David Sansone Company, Inc. All Defendants (Filing fee $ 400 receipt number 0975-2429130) filed by David Sansone Company, Inc. (Attachments: #1 Civil Cover Sheet)(Piper, Alika) Modified on 10/15/2020 (jo)
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