AFC PROPERTY HOLDINGS LLC et al v. EFF HOLDINGS INC.
Plaintiff: AFC PROPERTY HOLDINGS LLC and AVI ESSEX LLC
Defendant: EFF HOLDINGS INC.
Case Number: 2:2021cv15797
Filed: August 20, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Jessica S Allen
Referring Judge: Madeline Cox Arleo
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2021 Filing 11 MEMORANDUM in Support filed by EFF HOLDINGS INC. re #10 MOTION to Dismiss (DOBERMAN, JEREMY)
October 18, 2021 Filing 10 MOTION to Dismiss by EFF HOLDINGS INC.. Responses due by 11/1/2021 (DOBERMAN, JEREMY)
October 18, 2021 Filing 9 Letter from Jeremy M. Doberman, Esq.. (DOBERMAN, JEREMY)
October 18, 2021 Filing 8 Second MOTION for Extension of Time to File Answer re #7 Order by EFF HOLDINGS INC.. (DOBERMAN, JEREMY)
October 6, 2021 Opinion or Order Filing 7 ORDER granting Defendant an extension of time on consent to respond to the Complaint through October 15, 2021.. Signed by Magistrate Judge Jessica S. Allen on 10/6/2021. (ld, )
October 6, 2021 Filing 6 Letter from Jeremy M. Doberman, Esq. re 5 Order,. (DOBERMAN, JEREMY)
September 30, 2021 Opinion or Order Filing 5 TEXT ORDER: In response to Defendant's letter of 9/24/21 (ECF No. 4), on or before 10/5/21, the parties shall file a joint letter, setting forth the status of when Defendant must serve a responsive pleading consistent with Federal Rule of Civil Procedure 12(a). So Ordered by Magistrate Judge Jessica S. Allen on 9/30/21. (jbb)
September 24, 2021 Filing 4 Letter from Jeremy M. Doberman, Esq. re 3 Order,,,,,,. (DOBERMAN, JEREMY)
September 13, 2021 Opinion or Order Filing 3 TEXT ORDER: The Court is in receipt of Defendant EFF Holdings Petition for Removal, wherein Defendant pleads that this Court has jurisdiction over this civil action based on diversity of citizenship of the parties and an amount in controversy in excess of $75,000, exclusive of interests and costs, pursuant to 28 U.S.C. 1332(a) (ECF No. 1). However, Federal Courts have an independent obligation to raise issues of subject matter jurisdiction sua sponte and may do so at any stage of the litigation. Bracken v. Matgouranis, 296 F.3d 160, 162 (3d Cir. 2002). "'Complete diversity between all plaintiffs and all defendants'" must exist. Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99, 104 (3d Cir. 2015) (internal citations omitted). It is unclear whether this Court has subject matter jurisdiction over this case in that Defendant's allegations of citizenship of Plaintiff AFC Property Holdings LLC and Plaintiff AVI Essex LLC, which are allegedly limited liability companies (ECF No. 1 at para. 4), are insufficient to establish diversity jurisdiction under 28 U.S.C. 1332. "[T]he citizenship of an LLC is determined by the citizenship of its members." Zambelli Fireworks Mfg. Co., Inc. v. Wood, 592 F.3d 412, 420 (3d Cir. 2010) (quotation omitted). Therefore, on or before 9/24/21, Defendant is directed to file a letter setting forth the citizenship of Plaintiffs traced through the citizenship of their respective members. So Ordered by Magistrate Judge Jessica S. Allen on 9/13/21. (jbb)
August 20, 2021 Filing 2 Exhibit to #1 Notice of Removal, Civil Cover Sheet by EFF HOLDINGS INC.. (DOBERMAN, JEREMY)
August 20, 2021 Filing 1 NOTICE OF REMOVAL by EFF HOLDINGS INC. from Superior Court of New Jersey, County of Essex, case number ESX-L-5545-21. ( Filing and Admin fee $ 402 receipt number ANJDC-12735485), filed by EFF HOLDINGS INC.. (Attachments: #1 Exhibit A - Complaint and CIS)(DOBERMAN, JEREMY)
August 20, 2021 CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)
August 20, 2021 Judge Madeline Cox Arleo and Magistrate Judge Jessica S. Allen added. (ps)

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Plaintiff: AFC PROPERTY HOLDINGS LLC
Represented By: JEFFREY STEVEN ZACHTER
Represented By: RICKIN DESAI
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Plaintiff: AVI ESSEX LLC
Represented By: JEFFREY STEVEN ZACHTER
Represented By: RICKIN DESAI
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Defendant: EFF HOLDINGS INC.
Represented By: JEREMY MICHAEL DOBERMAN
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