Miyayama v. Hosoda et al
| Yuichi Miyayama |
| S&N Investments LLC, Noriko Hosoda, H & N Investments LLC, Platinum Earth, LLC, Indian Home Program LLC, Noriko Hosoda-Diboyan, Noriko Burke, Noriko Diboyan, Hosoda International Investment LLC, H & N Properties LLC, S&Z Investments L.L.C., Noriko Hosoda Burke, N&S Investment LLC and Steven H. Burke |
| 2:2020cv01683 |
| September 11, 2020 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Gloria M Navarro |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 22
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 11/5/2020. Pending before the Court is Plaintiff Yuichi Miyayama's ("Plaintiff's") #7 Ex Parte Motion for Writ of Attachment. The Motion and #1 Verified Complaint explain that Defendant Noriko Hosoda ("Hosoda") and several limited liability companies Hosoda controls defrauded Plaintiff of approximately $1.5 million. (See generally Mot. Writ Attachment, ECF No. #7 ). Plaintiff requests a prejudgment writ of attachment against real property owned by Defendants; otherwise, Plaintiff alleges that "Mr. Miyayama will more than likely be left with no recourse against Defendants who have stolen and dissipated his money and his property." (Id. 4:20--22). However, Plaintiff has now informed the Court that Hosoda---who was the only person allegedly capable of converting Plaintiff's property before a potential judgment---is now deceased. (See Suggestion of Death, ECF No. #16 ). Accordingly, IT IS HEREBY ORDERED that Plaintiff shall SHOW CAUSE why a prejudgment writ of attachment remains necessary following Hosoda's death. Plaintiff shall either withdraw its Motion for Writ of Attachment or file a brief, not to exceed ten (10) pages, explaining why the writ remains necessary by November 19, 2020. (Copies have been distributed pursuant to the NEF - DZ)
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Filing 20
CERTIFICATE OF SERVICE for #16 Suggestion of Death, #19 Notice of Corrected Image/Document, #17 Motion to Substitute Party by Plaintiff Yuichi Miyayama. ( Christiansen, Stephen)
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Filing 19
NOTICE of Corrected Image/Document re #16 Suggestion of Death, by Plaintiff Yuichi Miyayama. (Service of corrected image is attached.) (Attachments: #1 Exhibit A (redacted Certificate of Death)) ( Christiansen, Stephen)
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Filing 18
EX PARTE MOTION Verified Motion for Substitute Service by Plaintiff Yuichi Miyayama. ( Christiansen, Stephen)
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Filing 17
MOTION to Substitute Party (Rule 25) by Plaintiff Yuichi Miyayama. Responses due by 11/2/2020. ( Christiansen, Stephen)
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Filing 16
View Corrected Image #19 as to SUGGESTION OF DEATH Upon the Record as to Noriko Hosoda aka Noriko Diboyan aka Noriko Hosoda-Diboyan aka Noriko Hosoda Burke aka Noriko H. Burke aka Noriko Burke aka Noriko Hosoda Davis aka Noriko H. Davis aka Noriko Davis by Plaintiff Yuichi Miyayama. (Attachments: #1 Exhibit A (Certificate of Death)) ( Christiansen, Stephen) Modified on 10/20/2020 (EDS).
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Filing 15
SUMMONS Returned Executed by Yuichi Miyayama re #1 Complaint,,. Indian Home Program LLC served on 9/28/2020. ( Christiansen, Stephen)
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Filing 14
SUMMONS Returned Executed by Yuichi Miyayama re #1 Complaint,,. Hosoda International Investment LLC served on 9/28/2020. ( Christiansen, Stephen)
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Filing 13
SUMMONS Returned Executed by Yuichi Miyayama re #1 Complaint,,. Platinum Earth, LLC served on 9/28/2020. ( Christiansen, Stephen)
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Filing 12
SUMMONS Returned Executed by Yuichi Miyayama re #1 Complaint,,. S&N Investments LLC served on 9/28/2020. ( Christiansen, Stephen)
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Filing 11
SUMMONS Returned Executed by Yuichi Miyayama re #1 Complaint,,. S&Z Investments L.L.C. served on 10/1/2020. ( Christiansen, Stephen)
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Filing 10
RESPONSE to 6 Minute Order, by Plaintiff Yuichi Miyayama. ( Christiansen, Stephen)
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Filing 9
CLERK'S NOTICE regarding ECF No. #7 . Document was not filed pursuant to LR IC 2-2(c) by attorney Stephen K. Christiansen. The wrong event was selected. The title of the docket entry does not match the title of the document. The Court has corrected and changed the event from Motion Writ of Attachment to Ex Parte Motion. No further action is required at this time. Do not refile the document. (no image attached) (SLD)
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Filing 8
ERRATA to #7 Ex Parte Motion for Writ of Attachment by Plaintiff Yuichi Miyayama. (Attachments: #1 Exhibit 2, #2 Exhibit 3) ( Christiansen, Stephen)
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Filing 7
EX PARTE MOTION for Prejudgment Writ of Attachment, by Plaintiff Yuichi Miyayama. (Attachments: #1 Exhibit 1 (Declaration)) ( Christiansen, Stephen) Modified on 9/16/2020 to change event (SLD).
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Filing 6
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/14/2020. On September 11, 2020, Plaintiff Yuichi Miyayama ("Plaintiff") filed the #1 Complaint against Defendants Koriko Hosoda, H&N Investments LLC, S&N Investments LLC, Indian Home Program LLC, S&Z Investments LLC, Hosoda International Investment LLC, and Platinum Earth LLC (collectively, "Defendants"). Plaintiff alleges that this Court has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. (See Compl. p. 11, ECF No. #1 ). Plaintiff, a citizen of Japan, alleges that each Defendant is a citizen of Nevada. (Id. pp. 1-9). For each of the LLC Defendants, Plaintiff alleges the citizenship of only the "managing members." (Id. pp. 3-5, 7-9). However, the citizenship of an LLC is determined by the citizenship of all its members, not just the managing members. See NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 611 (9th Cir. 2016). Accordingly, to ensure that the Court has subject matter jurisdiction over this case, IT IS HEREBY ORDERED that Defendants must file a Notice by October 5, 2020, listing the citizenship for all the members/owners of Defendants H&N Investments LLC, S&N Investments LLC, Indian Home Program LLC, S&Z Investments LLC, Hosoda International Investment LLC, and Platinum Earth LLC.(Copies have been distributed pursuant to the NEF - DZ)
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Filing 5
Summons Issued as to All Defendants. (HAM)
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Filing 4
STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 3
CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #1 . Attorney Anthony W. Stirling is advised to review and update his/her user account information. (no image attached) (SLD)
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Filing 2
CERTIFICATE of Interested Parties by Yuichi Miyayama. There are no known interested parties other than those participating in the case ( Christiansen, Stephen)
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Filing 1
COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6166311) by Yuichi Miyayama. Proof of service due by 12/10/2020. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons) ( Christiansen, Stephen) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts. (HAM)
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