Pena v. New Jersey Manufacturers Insurance Company
Plaintiff: JORGE PENA
Defendant: New Jersey Manufacturer's Insurance Company
Case Number: 3:2021cv17376
Filed: September 22, 2021
Court: US District Court for the District of New Jersey
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2021 Filing 20 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:20-cv-03445. Original file certified copy of transfer order and docket sheet received.
July 19, 2021 Filing 19 NOTICE by New Jersey Manufacturers Insurance Company (Downing, John)
July 15, 2021 Opinion or Order Filing 18 MEMORANDUM DECISION AND ORDER, Defendant's motion to transfer venue to the District of New Jersey is granted. So Ordered by Judge Brian M. Cogan on 7/14/2021. (Lee, Tiffeny)
July 8, 2021 Minute Entry and Order for Conference held before Judge Brian M. Cogan on 07/08/2021. Both sides present by telephone. The Court heard argument on the pending motion to dismiss or transfer. The parties confirmed that the insured vehicle at issue in the pending motion to dismiss was registered in New Jersey. Decision reserved. (Weisberg, Peggy)
July 2, 2021 Opinion or Order SCHEDULING ORDER: A telephone conference regarding the motion at #15 is scheduled for 7/8/2021 at 10:30 AM. Parties will use toll-free number 888-684-8852, access code 6427877# and security code 3445#. Ordered by Judge Brian M. Cogan on 7/2/2021. (Weisberg, Peggy)
October 29, 2020 Filing 17 MEMORANDUM in Support filed by New Jersey Manufacturers Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Affidavit Affidavit of Service) (Downing, John)
October 22, 2020 Filing 16 MEMORANDUM in Opposition re #15 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Jorge Pena. (Attachments: #1 Exh. A - Department of Financial Services Print Out, #2 Affidavit Exh. B - Gerald Karycki dated March 5, 2020, #3 Exh. C - Defendant's Website, #4 Letter Requesting Oral Argument) (Murdocca, Nicole)
September 30, 2020 Filing 15 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by New Jersey Manufacturers Insurance Company. (Attachments: #1 Memorandum in Support Memo of Law in Support, #2 Exhibit Affidavit of Gerald Karycki, #3 Affidavit of Service Affidavit of Service) (Downing, John)
September 10, 2020 Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 9/10/2020. Both sides present by telephone. Fact discovery will end on 1/8/2021. Defendant to file motion to dismiss by 10/1/2020; opposition due 10/22/2020; reply due 10/29/2020. (Weisberg, Peggy)
September 9, 2020 Filing 14 NOTICE of Appearance by John M. Downing on behalf of New Jersey Manufacturers Insurance Company (notification declined or already on case) (Downing, John)
September 9, 2020 Filing 13 CASE MANAGEMENT STATEMENT Civil Case Management Plan (Murdocca, Nicole)
September 9, 2020 Filing 12 NOTICE of Appearance by Nicole Maria Murdocca on behalf of Jorge Pena (aty to be noticed) (Murdocca, Nicole)
September 9, 2020 NOTICE To All Parties. Initial Status Conference scheduled for 9/10/2020 at 10:45 am will be held by telephone. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. (Weisberg, Peggy)
September 4, 2020 Filing 11 Letter Joint Letter in connection with Initial Status Conference by Jorge Pena (Galleshaw, James)
August 25, 2020 Filing 10 ANSWER to #9 Amended Complaint by New Jersey Manufacturers Insurance Company. (Downing, John)
August 4, 2020 Filing 9 AMENDED COMPLAINT against New Jersey Manufacturers Insurance Company, filed by Jorge Pena. (Galleshaw, James)
August 4, 2020 Opinion or Order Filing 8 SCHEDULING ORDER: Initial Status Conference is set for 9/10/2020 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 8/3/2020. (Clarke, Melonie)
August 3, 2020 Filing 7 Letter regarding the Order to Show Cause by Jorge Pena (Galleshaw, James)
July 31, 2020 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
July 31, 2020 Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
July 31, 2020 Opinion or Order ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 8/7/20 why this action should not be dismissed for failure to adequately allege defendant's citizenship and thus invoke the Court's diversity jurisdiction. Specifically, the complaint alternatively alleges that defendant is a New Jersey corporation with principal place of business in New Jersey, and that it is also a "foreign limited liability company organized and existing under and by virtue of the laws of the State of New Jersey with its principal place of business in New Jersey." But defendant cannot be both a corporation and a limited liability company, and jurisdictional allegations may not be made in the alternative. See Brown v. Keene, 33 U.S. 112, 114 (1834). Moreover, if defendant is a New Jersey limited liability company, then plaintiff has failed to adequately plead its citizenship. See United Food & Commercial Workers Union v. Ctr. Mark Props. Meriden Square, Inc., 30 F. 3d 298, 302 (2d Cir. 1994); see also Carden v. Arkoma Assoc., 494 U.S. 185, 195-96 (1990); Avant Capital Partners, LLC v. W108 Dev. LLC, No. 16 CIV. 3359, 2016 WL 3660756, at *2 (S.D.N.Y. June 30, 2016). Ordered by Judge Brian M. Cogan on 7/31/2020. (Clarke, Melonie)
July 30, 2020 Filing 4 Summons Issued as to New Jersey Manufacturers Insurance Company. (Bowens, Priscilla)
July 30, 2020 Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
July 30, 2020 Filing 3 Proposed Summons. by Jorge Pena (Galleshaw, James)
July 30, 2020 Filing 2 Civil Cover Sheet.. by Jorge Pena (Galleshaw, James)
July 30, 2020 Filing 1 COMPLAINT against New Jersey Manufacturers Insurance Company filing fee $ 400, receipt number BNYEDC-13140458 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jorge Pena. (Galleshaw, James)

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Plaintiff: JORGE PENA
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Defendant: New Jersey Manufacturer's Insurance Company
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