KING PLAZA, L.L.C. v. ALLIANT TAX CREDIT FUND 40, LTD et al
| KING PLAZA, L.L.C. |
| ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT XVIII, LLC and KP RESIDENTIAL, L.P. |
| 3:2023cv22780 |
| November 30, 2023 |
| US District Court for the District of New Jersey |
| Douglas E Arpert |
| Zahid N Quraishi |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 48 REPLY BRIEF to Opposition to Motion filed by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC re #19 MOTION to Seal Docket Nos. 5, 11, and 18 (Attachments: #1 Declaration of M. Cypers, #2 Declaration of B. Goldberg)(STIGALL, ROBERT) |
| Filing 47 MOTION to Remand by KING PLAZA, L.L.C.. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(PENA, MELISSA) |
| Pro Hac Vice counsel, DAVID A. DAVENPORT and JUSTIN H. JENKINS, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (amv) |
| Filing 46 Notice of Request by Pro Hac Vice David A. Davenport and Justin H. Jenkins to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15039484.) (PENA, MELISSA) |
| Pro Hac Vice fee received for Justin H. Jenkins and David A. Davenport: $ 300, receipt number 136707 (jjc, ) |
Filing 45
LETTER ORDER Granting #42 Defendants' request for an extension of time for the Alliant Parties to file reply brief on January 26, 2024. Signed by Magistrate Judge Douglas E. Arpert on 1/23/2024. (amv)
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Filing 44
ORDER directing the Clerk of the Court to place the filing at ECF #33 -1 under temporary seal. These documents shall remain under temporary seal until the motion to seal is decided. Signed by Magistrate Judge Douglas E. Arpert on 1/23/2024. (jdg)
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Filing 43
ORDER terminating #7 Motion to Strike; once the issue of remand has been adjudicated Defendant may file a Notice of Motion on the docket referring to the docket entries of the original Motion to reactivate the Motion. Signed by Magistrate Judge Douglas E. Arpert on 1/23/2024. (jal, )
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| Filing 42 Letter from Defendants and Counterclaim-Plaintiffs. (STIGALL, ROBERT) |
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Filing 41
TEXT ORDER: The Initial Conference is reset to 2/8/2024 at 10:00 AM. Plaintiff is to set up and initiate the call to chambers (609-989-2144). So Ordered by Magistrate Judge Douglas E. Arpert on 1/22/2024. (eh, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Status Conference held on 1/22/2024. (eh, ) |
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Filing 40
ORDER Granting #13 Pro Hac Vice admission as to JUSTIN H. JENKINS. Signed by Magistrate Judge Douglas E. Arpert on 1/19/2024. (amv)
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| Filing 39 Letter from Defendants and Counterclaim-Plaintiffs, Alliant Tax Credit Fund 40, Ltd., Alliant Tax Credit Fund 42, Ltd., Alliant Tax Credit Fund XVIII, Ltd, Alliant ALP 40, LLC, Alliant ALP 42, LLC and Alliant Tax Credit XVIII, LLC re #30 Letter. (STIGALL, ROBERT) |
| Filing 38 NOTICE of Appearance by ROBERT STEPHEN STIGALL on behalf of ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC (STIGALL, ROBERT) |
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Filing 37
CONSENT ORDER: Granting pro hac vice admission as to DAVID A. DAVENPORT. Signed by Magistrate Judge Douglas E. Arpert on 1/18/2024. (jal, )
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| Filing 36 Letter from Melissa A. Pena, Esq. requesting Declaration of Justin Jenkin's be sealed [Doc. 33-1]. re #33 Brief in Opposition to Motion,. (PENA, MELISSA) |
| Filing 35 Proposed Findings of Fact by KING PLAZA, L.L.C.. (PENA, MELISSA) |
| Filing 34 Exhibit to #33 Brief in Opposition to Motion, by KING PLAZA, L.L.C.. (Attachments: #1 Exhibit 2 and Exhibit 3 to Declaration of Justin H. Jenkins, #2 Exhibit 4 to Declaration of Justin H. Jenkins, #3 Exhibit 5 to Declaration of Justin H. Jenkins, #4 Exhibit 6 to Declaration of Justin H. Jenkins, #5 Exhibit 7 to Declaration of Justin H. Jenkins)(PENA, MELISSA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 33 BRIEF in Opposition filed by KING PLAZA, L.L.C. re #19 MOTION to Seal Docket Nos. 5, 11, and 18 (Attachments: #1 Declaration of Justin H. Jenkins, #2 Exhibit 1 to Declaration of Justin H. Jenkins, #3 Exhibits 2 - 7 to Declaration of Justin H. Jenkins, #4 Exhibits 8 - 10 to Declaration of Justin H. Jenkins)(PENA, MELISSA) |
| Filing 32 RESPONSE re #8 Answer to Complaint,, Counterclaim,. (PENA, MELISSA) |
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Filing 31
TEXT ORDER: The Initial Conference scheduled for 1/22/2024 has been converted to a Telephone Status Conference at that time. Plaintiff is to set up and initiate the call to chambers (609-989-2144). So Ordered by Magistrate Judge Douglas E. Arpert on 1/12/2024. (eh, )
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| Filing 30 Letter from Counsel for Plaintiff/Counterclaim Defendant, King Plaza, L.L.C.. (PENA, MELISSA) |
| Filing 29 REPLY BRIEF to Opposition to Motion filed by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC re #7 MOTION to Strike certain paragraphs of the Complaint (WATKINS, CASEY) |
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Filing 28
TEXT ORDER that the Court has reviewed the parties' letters #23 and #27 ; the pre-motion conference is hereby WAIVED; Plaintiff shall file its proposed Motion to Remand, limited to the arguments made in its letter, by 01/26/2024, to be made returnable 02/20/2024. So Ordered by Judge Zahid N. Quraishi on 01/08/2024. (Gonzalez, P)
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| Pro Hac Vice counsel, MICHAEL L. CYPERS, MYRIAM BIZ and EMIL PETROSSIAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdg) |
| Filing 27 Letter from Casey Watkins in response to plaintiff's pre-motion conference letter - ECF No. 23 re #23 Letter. (WATKINS, CASEY) |
| Filing 26 Notice of Request by Pro Hac Vice Michael L. Cypers, Emil Petrossian and Myriam Biz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14988622.) (WATKINS, CASEY) |
| Filing 25 RESPONSE in Opposition filed by KING PLAZA, L.L.C. re #7 MOTION to Strike certain paragraphs of the Complaint (Attachments: #1 Declaration of Melissa A. Pena, Esq., #2 Exhibit 1 to Pena Declaration, #3 Exhibit 2 to Pena Declaration)(PENA, MELISSA) |
| Filing 24 Substitution of Attorney - Attorney ROBERTO A. RIVERA-SOTO terminated. Attorney CASEY GENE WATKINS for ALLIANT ALP 40, LLC,CASEY GENE WATKINS for ALLIANT ALP 40, LLC,CASEY GENE WATKINS for ALLIANT ALP 42, LLC,CASEY GENE WATKINS for ALLIANT ALP 42, LLC,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND 40, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND 40, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND 42, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND 42, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND XVIII, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT FUND XVIII, LTD,CASEY GENE WATKINS for ALLIANT TAX CREDIT XVIII, LLC,CASEY GENE WATKINS for ALLIANT TAX CREDIT XVIII, LLC added.. (WATKINS, CASEY) |
| Pro Hac Vice fee received for Emil Petrossian, Michael L. Cypers and Myriam Biz: $ 450, receipt number 136281 (jjc, ) |
| Filing 23 Letter from Melissa A. Pena, Esq. requesting a pre-motion conference concerning an anticipated Motion to Remand this case to the Superior Court of New Jersey, Chancery Division, Middlesex County. (PENA, MELISSA) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE Executed by KING PLAZA, L.L.C.. KP RESIDENTIAL, L.P. served on 12/29/2023, answer due 1/19/2024. (PENA, MELISSA) |
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Filing 21
TEXT ORDER: Ordered the Initial Conference is set for 1/22/2024 at 10:00 AM before Magistrate Judge Douglas E. Arpert, via telephone. Plaintiff is to set up and initiate the call to chambers (609-989-2144). Attention Counsel: The Joint Discovery Plan is due (7) days prior to the conference. Please email the Joint Discovery Plan to dea_orders@njd.uscourts.gov. So Ordered by Magistrate Judge Douglas E. Arpert on 12/29/2023. (Attachment: JDP Instructions) (eh, )
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Filing 20
CONSENT ORDER Extending Plaintiff's deadline to respond to Defendants' Motion to Seal to and including January 16, 2024. Signed by Magistrate Judge Douglas E. Arpert on 12/26/2023. (amv)
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| CLERK'S QUALITY CONTROL MESSAGE - The #18 Exhibit filed by Kristen Petagna on 12/21/2023 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (kht) |
| Set Deadlines as to #19 MOTION to Seal Docket Nos. 5, 11, and 18. Motion set for 1/16/2024 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) |
| Filing 19 MOTION to Seal Docket Nos. 5, 11, and 18 by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law, #2 Brief, #3 Declaration of Emil Petrossian, #4 Text of Proposed Order)(PETAGNA, KRISTEN) |
| Filing 18 Exhibit to #11 Diversity Disclosure Statement,, 16 Order on Oral Motion, Amended Disclosure Statement Pursuant to Fed. R. CIV. P. 7.1(a)(2) by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. (PETAGNA, KRISTEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Main Document 18 replaced on 12/22/2023) (kht, ). |
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Filing 17
CONSENT ORDER granting extension of time. It is ORDERED that Plaintiff's Response to Defendants' Motion to Strike is hereby extended to and including 1/3/2024 and Plaintiff's time to answer, move, or otherwise plead to Defendants' Counterclaim is hereby extended to and including 1/12/2024. Signed by Magistrate Judge Douglas E. Arpert on 12/21/2023. (mlh)
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Filing 16
TEXT ORDER that the Court has preliminarily reviewed Defendants' Diversity Disclosure Statement #11 , and hereby instructs Defendants to file within 10 days a Revised Diversity Disclosure Statement that explicitly identifies both the state of incorporation and the state of principal place of business for Defendants' relevant corporate entities. See instructions from footnote 3 of the form. So Ordered by Judge Zahid N. Quraishi on 12/21/2023.
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| CLERK'S QUALITY CONTROL MESSAGE - The #14 Proposed Order submitted by Melissa Pena on 12/19/2023 was not submitted according to Magistrate Judge Arpert's judicial preferences. Proposed Orders should be sent by email to dea_orders@njd.uscourts.gov, preferably in Word format. Proposed Orders filed with formal motions need not be sent This message is for informational purposes only. (kht) |
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Filing 15
ORDER Granting #12 Pro Hac Vice admission as to EMIL PETROSSIAN, MICHAEL L. CYPERS, and MYRIAM BIZ. Signed by Magistrate Judge Douglas E. Arpert on 12/19/2023. (amv)
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| Filing 14 Proposed Order Extending Time by KING PLAZA, L.L.C.. (PENA, MELISSA) |
| Filing 13 Letter from Melissa A. Pena on behalf of Plaintiff, King Plaza, L.L.C.. (Attachments: #1 PHV Papers)(PENA, MELISSA) |
| Filing 12 Letter from Roberto A. Rivera-Soto, Counsel for Alliant Defendants. (Attachments: #1 PHV Papers)(RIVERA-SOTO, ROBERTO) |
| Filing 11 Diversity Disclosure Statement by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. (RIVERA-SOTO, ROBERTO)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 10 NOTICE of Appearance by ROBERTO A. RIVERA-SOTO on behalf of ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC (RIVERA-SOTO, ROBERTO) |
| Set Deadlines as to #7 MOTION to Strike certain paragraphs of the Complaint. Motion set for 1/2/2024 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - When the Answer to Complaint with Counterclaim #8 was filed by Defendants, the Defendants filed the Counterclaim against themselves. The Clerk has deleted Defendants as counter defendants, however, in the future please select the correct party individually while holding the Control button. This message is for informational purposes only. (amv) |
| Filing 9 Corporate Disclosure Statement by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC identifying None as Corporate Parent.. (PETAGNA, KRISTEN) |
| Filing 8 ANSWER to Complaint and, COUNTERCLAIM against ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT XVIII, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT ALP 40, LLC by ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT XVIII, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT ALP 40, LLC.(PETAGNA, KRISTEN) |
| Filing 7 MOTION to Strike certain paragraphs of the Complaint by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. Responses due by 12/19/2023. (Attachments: #1 Brief, #2 Text of Proposed Order)(PETAGNA, KRISTEN) |
| Filing 6 NOTICE of Appearance by KRISTEN A. PETAGNA on behalf of ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC (PETAGNA, KRISTEN) |
| Filing 5 Diversity Disclosure Statement by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. (PETAGNA, KRISTEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 4 NOTICE of Appearance by MATTHEW C WELLS on behalf of KING PLAZA, L.L.C. (WELLS, MATTHEW) |
| Filing 3 NOTICE of Appearance by MELISSA ANNE PENA on behalf of KING PLAZA, L.L.C. (PENA, MELISSA) |
| Judge Zahid N. Quraishi and Magistrate Judge Douglas E. Arpert added. (jdg, ) |
| Filing 2 Exhibit to QC - Civil Cover Sheet JS44,, by ALLIANT ALP 40, LLC, ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT TAX CREDIT XVIII, LLC. (PETAGNA, KRISTEN) |
| Filing 1 NOTICE OF REMOVAL by ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT XVIII, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT ALP 40, LLC from Superior Court of NJ, Chancery Division, Middlesex County, case number MID-C-135-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14907644), filed by ALLIANT ALP 42, LLC, ALLIANT TAX CREDIT FUND 42, LTD, ALLIANT TAX CREDIT XVIII, LLC, ALLIANT TAX CREDIT FUND 40, LTD, ALLIANT TAX CREDIT FUND XVIII, LTD, ALLIANT ALP 40, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(PETAGNA, KRISTEN) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (jjc, ) |
| 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. (jjc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (jjc, ) |
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