E-Risk Solutions, Inc. v. West Point Insurance Services
| E-Risk Solutions, Inc. |
| West Point Insurance Services |
| 1:2019cv11247 |
| June 5, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 12 NOTICE of Scheduling Conference Scheduling Conference set for 8/21/2019 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 11 AFFIDAVIT in Support re 10 Order on Motion to Remand,,,,,, . (Attachments: #1 Affidavit)(Stevens, Michael) |
| Filing 10 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff seeks remand for a second time based on technical defects in the jurisdictional allegations of the notice of removal that it asserts were not resolved by Defendant's supplemental affidavit. [ECF No. #9 ]. Plaintiff argues that Defendant, an LLC, was required to disclose the citizenship of its members both as of the date of the complaint and as of the date of removal, rather than as of the date of the affidavit. See [id. at 2-3]. Because the affidavit is ambiguous as to which date(s) it refers to, the Court directs the Defendant to file a supplemental affidavit by July 15, 2019 containing a complete list of all of the names and addresses of its members/owners as of April 12, 2019 and as of June 5, 2019. Because the court presumes, based on the prior affidavit, that it has jurisdiction, Plaintiff's second motion to remand [ECF No. #9 ] is DENIED with leave to renew if warranted following the submission of Defendant's supplemental affidavit. Furthermore, the Court notes that Plaintiff has repeatedly failed to comply with Local Rule 7.1(a)(2), which provides that "No motion shall be filed unless counsel certify that they have conferred and attempted in good faith to resolve or narrow the issues." L.R., D. Mass. 7.1(a)(2). Although the Court could deny Plaintiff's motion solely on this ground, doing so would only delay resolving this issue. Counsel are notified that the Court will not consider any future motions which fail to comply with Local Rule 7.1(a)(2). (McDonagh, Christina) |
| Filing 9 Second MOTION to Remand by E-Risk Solutions, Inc..(Leahy, George) |
| Filing 8 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff sought remand on the ground that Defendant, an LLC, had failed to establish diversity jurisdiction pursuant to 28 U.S.C. 1332(a) because it did not identify the citizenship of each of its members. [ECF No. #4 ]. It is well-established that 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). Defendant opposed remand and has provided the Court with an affidavit demonstrating complete diversity of the parties. See [ECF Nos. #7 , 7-1]. Accordingly, Plaintiff's motion to remand [ECF No. #4 ] is DENIED. (McDonagh, Christina) |
| Filing 7 Opposition re #4 First MOTION to Remand filed by West Point Insurance Services. (Attachments: #1 Exhibit Supplemental Affidavit)(Goloboy, Andrew) |
| Filing 6 STATE COURT Record. (Attachments: #1 Exhibit Certified Copy of the Plaintiff's State Court Complaint, #2 Exhibit Certified Copy of Plaintiff's State Court Civil Action Cover Sheet, #3 Exhibit Certified Copy of State Court Notice of 93A claim, #4 Exhibit Certified Copy of Affidavit of Service, #5 Exhibit Certffied Copy of Defendant's State Court Answer, #6 Exhibit Certified Copy of State Court Tracking Order, #7 Exhibit Certified Copy of State Court Docket Report)(Goloboy, Andrew) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by West Point Insurance Services. (Goloboy, Andrew) |
| Filing 4 First MOTION to Remand by E-Risk Solutions, Inc..(Leahy, George) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Jones, Sherry) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by West Point Insurance Services ( Filing fee: $ 400, receipt number 0101-7717465 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit State Court Civil Action Cover Sheet, #2 Exhibit State Court Summons and Complaint, #3 Exhibit Affidavit, #4 Exhibit State Court Answer, #5 Exhibit State Court Notice of Filing of Notice of Removal, #6 Exhibit State Court Docket Sheet, #7 Civil Cover Sheet USDC MA Civil Cover Sheet and Category Forms)(Goloboy, Andrew) |
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| Plaintiff: E-Risk Solutions, Inc. | |
| Represented By: | George F. Leahy |
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| Defendant: West Point Insurance Services | |
| Represented By: | Andrew E. Goloboy |
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