QS Private Lending LLC v. SunTrust Bank
| QS Private Lending LLC |
| SunTrust Bank |
| 1:2019cv10032 |
| January 7, 2019 |
| US District Court for the District of Massachusetts |
| William G Young |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 ELECTRONIC NOTICE Setting Hearing on Motion #15 MOTION to Dismiss Complaint, #9 MOTION to Remand to State Court : Motion Hearing set for 3/25/2019 02:00 PM before Judge William G. Young. This hearing will take place at Boston University Law School, 765 Commonwealth Avenue, 6th Floor, Boston, MA. (Gaudet, Jennifer) |
| Filing 23 Set/Reset Deadlines as to #15 MOTION to Dismiss Complaint. Response due by 3/8/2019. (Gaudet, Jennifer) |
| Filing 22 Judge William G. Young: ELECTRONIC ORDER entered denying #19 Motion for Extension of Time to File Opposition to Defendant Suntrust Bank's Motion to Dismiss. (Gaudet, Jennifer) |
| Filing 21 REPLY to Response to #9 MOTION to Remand to State Court filed by QS Private Lending LLC. (Cohen, Arnold) |
| Filing 20 Judge William G. Young: ELECTRONIC ORDER entered granting #18 Motion for Leave to File Reply Brief ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 19 MOTION for Extension of Time to File Opposition to Defendant's Motion to Dismiss by QS Private Lending LLC.(Cohen, Arnold) |
| Filing 18 MOTION for Leave to File Reply Brief by QS Private Lending LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cohen, Arnold) |
| Filing 17 MEMORANDUM in Opposition re #9 MOTION to Remand to State Court filed by SunTrust Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Colangelo, Tristan) |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss Complaint filed by SunTrust Bank. (Colangelo, Tristan) |
| Filing 15 MOTION to Dismiss Complaint by SunTrust Bank. (Attachments: #1 Exhibit 1)(Colangelo, Tristan) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by QS Private Lending LLC. (Cohen, Arnold) |
| Filing 13 Judge William G. Young: ELECTRONIC ORDER entered granting #6 Assented to MOTION for Extension of Time to 2/13/19 to File Answer or Otherwise Respond to Complaint. (Paine, Matthew) |
| Filing 12 ELECTRONIC NOTICE of Case Re-Assignment. Judge William G. Young 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 M. Page Kelley. (Finn, Mary) |
| Filing 11 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Colangelo, Tristan) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Remand to State Court filed by QS Private Lending LLC. (Cohen, Arnold) |
| Filing 9 MOTION to Remand to State Court by QS Private Lending LLC. (Attachments: #1 Affidavit)(Cohen, Arnold) |
| Filing 8 STATE COURT Record SunTrust Bank summons served on 1/8/2019, answer due 1/29/2019.. (Colangelo, Tristan) |
| Filing 7 RESPONSE TO COURT ORDER by SunTrust Bank re 5 Order,,,,,,, . (Attachments: #1 Exhibit Exhibit A to SunTrust's Memorandum Disclosing Plaintiff's Citizenship)(Colangelo, Tristan) |
| Filing 6 Assented to MOTION for Extension of Time to 2/13/19 to File Answer or Otherwise Respond to Complaint by SunTrust Bank.(Colangelo, Tristan) |
| Filing 5 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. This case has been removed solely on the basis of diversity jurisdiction. In its Notice of Removal (#1), defendant states that "[a]n LLC's citizenship is determined by the citizenship of its members." (#1 at 2.) This is a correct statement of the law. However, more explicitly, "[f]or purposes of diversity jurisdiction, a limited partnership is deemed to be a citizen of every state of which any of its general or limited partners are citizens. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990)." Am. Fiber & Finishing, Inc. v. Tyco Healthcare Grp., LP, 362 F.3d 136, 138 (1st Cir. 2004). See also Pramco, LLC ex rel. CFSC Consortium LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54-55 (1st Cir. 2006). To establish complete diversity of the relevant parties, defendant relies on a Business Entity Summary, Certificate of Organization and Statement of Change of Resident Agent/Resident Office. (#1-4.) These documents identify the resident agent and manager of QS Private Lending, LLC, but they do not disclose the general or limited partners of the plaintiff limited liability company or the states of which the general or limited partners are citizens. As a consequence, the documents are inadequate to establish diversity jurisdiction. "The burden of persuasion for establishing diversity jurisdiction, of course, remains on the party asserting it." Hertz Corp. v. Friend, 559 U.S. 77, 96-97 (2010) (citations omitted). Defendant shall file competent proof that diversity of the parties exists on or before the close of business on January 25, 2019, or this case will be remanded to the state court.(MacDougall, Patricia) |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by e-mail (McKillop, Matthew) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 2 NOTICE of Appearance by John G. O'Neill on behalf of SunTrust Bank (O'Neill, John) |
| Filing 1 NOTICE OF REMOVAL by SunTrust Bank ( Filing fee: $ 400, receipt number 0101-7482550 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Cover Sheet Category Form, #3 Exhibit A - State Court Complaint, #4 Exhibit B - Business Entity Summary, Cert. of Organization, and Statement of Change of Resident Agent/Resident Office, #5 Exhibit C - Business Entity Summary, #6 Exhibit D - Notice of Filing of Notice of Removal)(Colangelo, Tristan) (Attachment 2 replaced on 1/8/2019) (McKillop, Matthew). |
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| Plaintiff: QS Private Lending LLC | |
| Represented By: | Arnold E. Cohen |
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| Defendant: SunTrust Bank | |
| Represented By: | Tristan P. Colangelo |
| Represented By: | John G. O'Neill |
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