City.Com Media, LLC. v. Magnetic Corporation
| City.Com Media, LLC. |
| Magnetic Corporation and Magnetic.com |
| 1:2010cv03492 |
| July 30, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2010. A more recent docket listing may be available from PACER.
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| Case transferred to District of Middle District of Florida, Tampa Division. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) |
Minute Entry and Order for proceedings held before Judge Brian M. Cogan: InitialStatus Conference held on 8/25/2010. Both sides present. The parties stipulated to transfer this action to the United States District Court for the Middle District of Florida, Tampa Division, pursuant to the forum selection clause in their contract. The Court found that such transfer would be in the interests of justice under 28 U.S.C. 1404(a) and ordered the transfer. Ordered by Judge Brian M. Cogan on 8/24/2010 (Cogan, Brian)
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| CASE: 1:10-cv-03492 DETAILS: Case transferred from New York Eastern has been opened in Middle District of Florida as case 8:10-cv-01888, filed 08/25/2010. (Marziliano, August) |
| Filing 10 Letter Reply letter to pre-motion conference request by City.Com Media, LLC. (Liolis, Harris) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Theodore J. Kobus, III Filing fee $ 25, receipt number 0207-4327104. by Magnetic Corporation. (Cofresi, John) |
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ORDER granting #9 motion for Theodore J. Kobus III to appear pro hac vice as counsel for defendant. Ordered by Judge Brian M. Cogan on 8/24/2010. (Cogan, Brian)
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| Filing 8 Letter Joint Correspondence Re Status Conference by Magnetic Corporation (Cofresi, John) |
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Filing 7
SCHEDULING ORDER: Initial Status Conference is set for 8/25/2010 at 11:00 AM in Chambers 717S. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Judge Brian M. Cogan on 8/10/2010. (Weisberg, Peggy)
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| Filing 6 AFFIDAVIT/AFFIRMATION re Order to Show Cause,,,, by Magnetic Corporation (Cofresi, John) |
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Filing 5
ORDER granting #2 Motion for Extension of Time to File answer. ( Ordered by Judge Brian M. Cogan on 8/5/2010 ) (Guzzi, Roseann)
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| Filing 4 DEMAND for Trial by Jury by City.Com Media, LLC. (Liolis, Harris) |
| Filing 3 NOTICE of Appearance by Harris Liolis on behalf of City.Com Media, LLC. (notification declined or already on case) (Liolis, Harris) |
| Filing 2 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Magnetic Corporation. (Cofresi, John) |
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ORDER TO SHOW CAUSE. Defendant shall show cause by 8/10/10 why this case should not be remanded as defendant has failed to properly invoke this Court's subject matter jurisdiction. Since plaintiff is a limited liability company, its state of formation does not determine its citizenship. See Carden v. Arkoma Assoc., 494 U.S. 185, 195-96 (1990); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); United Food & Commercial Workers Union, 30 F.3d 298, 302 (2d Cir. 1994); Szewzyk v. Wal-Mart Stores, Inc., No. 3:09cv1449, 2009 WL 3418232 (D. Conn. Oct. 19, 2009); Sessing v. Gateway Center Properties, LLC, No. 09 Civ. 2485, 2009 WL 1918162 (E.D.N.Y. June 30, 2009). Instead, defendant is required to plead the identity and citizenship of each member of the LLC as each of their citizenships is imputed to the LLC. If any members of the LLC are themselves LLCs, partnerships, limited partnerships, or other unincorporated entities, defendant must plead the citizenship of each until the citizenship of all individuals and corporations having a direct or indirect ownership interest in plaintiff is set forth. Ordered by Judge Brian M. Cogan on 8/3/2010. (Cogan, Brian)
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| Filing 1 NOTICE OF REMOVAL by Magnetic Corporation from Supreme Court of the State of New York, County of Queens, case number 16677/2010. ( Filing fee $ 350 Receipt # 4653017920) Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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