Carpentier Construction, LLC v. Allyn et al
| Carpentier Construction, LLC |
| Shawn P. Allyn, Edward P. Borgatti and Millennium Engineering, Inc. |
| 1:2022cv00557 |
| December 16, 2022 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 AFFIDAVIT of Service of Third Party Complaint as to Millennium Engineering, Inc. filed by Shawn P. Allyn. Served/Mailed on 1/26/2023. Answer Follow Up on 2/16/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Allyn, Shawn) |
ENDORSED ORDER. Text of Order: The court has received plaintiff Carpentier Construction, LLC's diversity of citizenship disclosure statement. See Fed. R. Civ. P. 7.1. For purposes of diversity jurisdiction, a limited liability company is deemed to be a citizen of every state in which any of its members is a citizen. See D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 125 (1st Cir. 2011). Plaintiff's diversity of citizenship statement does not indicate the citizenships of its members, so plaintiff's citizenship cannot be determined. Plaintiff is directed to file a corrected disclosure statement on or before February 20, 2023. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 19 Third Party Summons Issued Electronically as to Millennium Engineering, Inc. NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Fed.R.Civ.P.4. (Attachments: #1 Notice ECF)(mc) |
| Filing 18 NOTICE of Attorney Appearance by Christopher T. Hilson on behalf of Carpentier Construction, LLC (Hilson, Christopher) |
| Filing 17 Disclosure Statement by Carpentier Construction, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Hilson, Christopher) |
| Filing 16 Diversity of Citizenship Disclosure Statement by Carpentier Construction, LLC identifying the citizenship of every individual or entity whose citizenship is attributed to them. (Hilson, Christopher) |
| Filing 15 Assented to MOTION to Continue and Extend Deadlines Case Deadlines filed by Carpentier Construction, LLC. Attorney Christopher T. Hilson added to party Carpentier Construction, LLC(pty:cd), Attorney Christopher T. Hilson added to party Carpentier Construction, LLC(pty:pla).(Hilson, Christopher) |
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ENDORSED ORDER granting #15 Motion to Continue and Extend Case Deadlines. Text of Order: Granted. All case deadlines are extended by thirty (30) days to give plaintiff time to retain new counsel. So Ordered by Chief Judge Landya B. McCafferty. (gla)
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| Filing 14 BRIEF/MEMORANDUM Support of Motion to Vacate Exparte Attachment by Shawn P. Allyn(Allyn, Shawn) |
| Filing 13 Joint MOTION to Vacate Exparte Attachment filed by Shawn P. Allyn. HEARING REQUESTED.Follow up on Objection on 1/31/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Pl's Affidavit, #2 Exhibit Final June Invoice, #3 Exhibit Insurance Denial of claim)(Allyn, Shawn) |
| Filing 12 Joint THIRD PARTY COMPLAINT against Millennium Engineering, Inc. with Jury Demand filed by Shawn P. Allyn. (Attachments: #1 Exhibit Contract with Third Party Defendant, #2 Exhibit Invoices of Third Party Defendant, #3 Exhibit Contract with Third Party Defendant, #4 Exhibit email, #5 Exhibit email, #6 Exhibit First Base Flood Elevation Certificate, #7 Exhibit Second Base Flood Elevation Certificate, #8 Exhibit Photographs, #9 Exhibit Summons). Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(Allyn, Shawn) |
| Filing 11 Notice of Withdrawal of Motion: #7 Joint MOTION to Extend Time to Answer to January 18, 2023 extend by 12 days.(Allyn, Shawn) |
| Filing 10 BRIEF/MEMORANDUM in support of general real estate attachment by Shawn P. Allyn(Allyn, Shawn) |
| Filing 9 Joint PETITION to Attach With Notice all real estate of Plaintiff filed by Shawn P. Allyn. HEARING REQUESTED.Follow up on Objection on 2/8/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) of Defendant, #2 Exhibit Expert Report, #3 Exhibit (Affidavit) of Expert, #4 Exhibit Town of Hampton Ordinance, #5 Exhibit Photographs, #6 Exhibit Repair Quote, #7 Exhibit Repair Quote, #8 Exhibit Paid Bill, #9 Exhibit Pl's letter sub contractor, #10 Exhibit Letter to Pl Counsel- Insurance)(Allyn, Shawn) |
| Filing 8 Defendants JOINT ANSWER to Complaint with jury demand , COUNTERCLAIM against All Plaintiffs with jury demand filed by Shawn P. Allyn. (Attachments: #1 Exhibit Construction Contract, #2 Exhibit DEP Complaint Letter, #3 Exhibit Abutter Notice of Claim, #4 Exhibit Photographs of defects, #5 Exhibit App to Contract, #6 Exhibit App to Contract, #7 Exhibit Water Pooling garage -paver, #8 Exhibit Text with Plaintiff, #9 Exhibit Notice of Defects, #10 Exhibit Flood Permit, #11 Exhibit Invoice 2nd Egress)(Allyn, Shawn) |
| Filing 7 WITHDRAWN, SEE DOC. #11 . Joint MOTION to Extend Time to Answer to January 18, 2023 extend by 12 days filed by Shawn P. Allyn.Follow up on Objection on 1/19/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit))(Allyn, Shawn) Modified on 1/18/2023 to add: WITHDRAWN (de). |
| Filing 6 Certified Docket Rockingham Superior Court by Shawn P. Allyn(Allyn, Shawn) |
| Filing 5 NOTICE of Filed Certified Docket Enteries from Rockingham Superior Court by Shawn P. Allyn. Attorney Shawn P. Allyn added to party Shawn P. Allyn(pty:dft), Attorney Shawn P. Allyn added to party Shawn P. Allyn(pty:dft).(Allyn, Shawn) |
| ENDORSED ORDER granting #3 Motion for to Participate in Electronic Filing. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(ed) |
| Filing 4 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. William Warren, Esq. must complete an online registration form within 30 days. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. Compliance Deadline set for 1/18/2023. (ed) |
| Filing 3 MOTION to Participate in Electronic Filing filed by Shawn P. Allyn.(ed) |
| Filing 2 Diversity of Citizenship Disclosure Statement by Shawn P. Allyn, Edward P. Borgatti identifying the citizenship of every individual or entity whose citizenship is attributed to them. (ed) |
| Filing 1 NOTICE OF REMOVAL from Rockingham County Superior Court, case number 218-2022-CV-00947 (filing fee $402) Receipt No. 257 filed by Edward P. Borgatti, Shawn P. Allyn. Answer Follow Up on 1/6/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 12/30/2022. (Attachments: #1 Affidavit of Shawn P. Allyn as to Exhibit 1 & 2 to the Removal Petition, #2 Civil Cover Sheet)(ed) (Additional attachment(s) added on 12/19/2022: #3 Notice of Filing Notice of Removal) (ed). |
| NOTICE re #1 Notice of Removal - New Case, filed by Shawn P. Allyn, Edward P. Borgatti. LR 7.1.1. In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner. File Disclosure Statement using the Other Documents/Disclosure Statement event. Carpentier Construction, LLC shall file a disclosure statement by January 9, 2023. Disclosure Statement due 1/9/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ed) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:22-cv-557-LM. Please show this number with the judge designation on all future pleadings. (ed) |
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