Auctus Fund, LLC v. First Liberty Power Corp.
| Auctus Fund, LLC |
| First Liberty Power Corp. |
| 1:2018cv11738 |
| August 15, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Richard G Stearns |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 AFFIDAVIT OF SERVICE Executed by Auctus Fund, LLC. First Liberty Power Corp. served on 9/13/2018, answer due 10/4/2018. Acknowledgement filed by Auctus Fund, LLC. (Giordano, Philip) |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part, #8 Motion for Short Order. Defendant First Liberty Power Corp. will file an Opposition to the Motion for Injunctive Relief [#4] and Motion for Writ of Attachment [#6] when it files its Response to the Complaint on September 19, 2018. Plaintiff shall serve this Order on First Liberty by noon on Friday September 14, 2018. (Zierk, Marsha) |
| Filing 13 SUMMONS Returned Executed First Liberty Power Corp. served on 8/29/2018, answer due 9/19/2018. (Giordano, Philip) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Auctus Fund, LLC. (Attachments: #1 Affidavit of Alfred Sollami, #2 Exhibit 1, #3 Affidavit of Philip M. Giordano, #4 Exhibit A)(Giordano, Philip) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Extension of Time until 9/7/2018 to respond to the court's show cause order. (Tang, Danni) |
| Filing 10 MOTION for Extension of Time to 09/07/2018 to File Response/Reply as to 9 Order,,,, with Certificate of Service by Auctus Fund, LLC. (Attachments: #1 Affidavit of Philip M. Giordano)(Giordano, Philip) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered. On August 15, 2018, plaintiff Auctus Fund, LLC filed this case in federal court on the basis of complete diversity of citizenship between the parties, and thus bears the burden to establish that this court has subject matter jurisdiction over the controversy. For diversity purposes, "the citizenship of a limited liability company is 'determined by the citizenship of all of its members.'" D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 125 (1st Cir. 2011), quoting Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54 (1st Cir. 2006). Auctus Fund, LLCs Complaint does not identify the members of its LLC and their citizenship (it only alleges plaintiffs state of organization and principal place of business). The court is unable to determine from the Complaint whether complete diversity exists between the parties. By Wednesday, August 29, 2018, Auctus must show cause, that complete diversity exists between the parties and this court has original subject matter jurisdiction in this case.(Zierk, Marsha) |
| Filing 8 MOTION for Order to for Short Order of Notice on Conversion Motion and on Attachment Motion with Certificate of Service by Auctus Fund, LLC.(Giordano, Philip) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Writ of Attachment, with Certificate of Service on a Short Order of Notice, with Certificate of Service filed by Auctus Fund, LLC. (Giordano, Philip) |
| Filing 6 MOTION for Writ of Attachment, with Certificate of Service by Auctus Fund, LLC. (Attachments: #1 Text of Proposed Order of Attachment of Assets)(Giordano, Philip) |
| Filing 5 MEMORANDUM in Support re #4 MOTION for Injunctive Relief on a Short Order of Notice, with Certificate of Service with Certificate of Service filed by Auctus Fund, LLC. (Giordano, Philip) |
| Filing 4 MOTION for Injunctive Relief on a Short Order of Notice, with Certificate of Service by Auctus Fund, LLC. (Attachments: #1 Affidavit of Louis Posner, #2 Exhibit 1, #3 Affidavit of Philip M. Giordano, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Text of Proposed Order For Specific Performance, Compel Conversions and Injunctive Relief)(Giordano, Philip) |
| Filing 3 Summons Issued as to First Liberty Power Corp.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (McKillop, Matthew) |
| Filing 1 COMPLAINT with Demand for Jury Trial against All Defendants Filing fee: $ 400, receipt number 0101-7276811 (Fee Status: Filing Fee paid), filed by Auctus Fund, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 JS45 Category Form, #5 Civil Cover Sheet Civil Action Cover Sheet)(Giordano, Philip) |
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| Plaintiff: Auctus Fund, LLC | |
| Represented By: | Philip M. Giordano |
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| Defendant: First Liberty Power Corp. | |
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