National Water Main Cleaning Company v. Welkin Mechanical, LLC
Plaintiff: NATIONAL WATER MAIN CLEANING COMPANY
Defendant: WELKIN MECHANICAL, LLC
Case Number: 1:2019cv02082
Filed: April 10, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Ann M Donnelly
Referring Judge: Ramon E Reyes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2019 Opinion or Order Stipulation of dismissal. Ordered by Judge Ann M. Donnelly on 6/3/2019. (Greene, Donna)
May 31, 2019 Filing 16 STIPULATION of Dismissal by National Water Main Cleaning Company (Schwartz, Bryan)
May 20, 2019 Filing 15 Letter by National Water Main Cleaning Company (Schwartz, Bryan)
May 20, 2019 Opinion or Order ORDER re 34 , In light of settlement, the 6/3/2019 Initial Conference is adjourn sine die. The parties' Stipulation of Dismissal is due on or before 6/20/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/20/2019. (Vertus, Miriam)
May 17, 2019 Filing 14 Letter by Defendant in response to Plaintiff application by Welkin Mechanical, LLC (Cara, Frank)
May 17, 2019 Filing 13 ANSWER to #9 Amended Complaint by All Defendants. (Cara, Frank)
May 17, 2019 Filing 12 Letter by National Water Main Cleaning Company (Schwartz, Bryan)
May 17, 2019 Opinion or Order ORDER: The Court is in receipt of the parties' letters dated May 17, 2019 regarding plaintiff's request to serve a motion for default judgment. The plaintiff's request is denied as moot in light of the defendant's answer filed today, May 17, 2019. Ordered by Judge Ann M. Donnelly on 5/17/2019. (Lupo, Brandi)
May 16, 2019 Opinion or Order Filing 11 SCHEDULING ORDER: Initial Conference set for 6/3/2019 at 12:30 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 5/29/2019. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/16/2019. (Vertus, Miriam)
April 29, 2019 Filing 10 Corporate Disclosure Statement by National Water Main Cleaning Company (Attachments: #1 Affidavit of Service) (Schwartz, Bryan)
April 25, 2019 Filing 9 AMENDED COMPLAINT against Welkin Mechanical, LLC, filed by National Water Main Cleaning Company. (Schwartz, Bryan)
April 25, 2019 Opinion or Order SCHEDULING ORDER: In light of the plaintiff's April 24, 2019 letter, the plaintiff is directed to file its amended complaint by April 30, 2019. Ordered by Judge Ann M. Donnelly on 4/25/2019. (Alsarraf, Ali)
April 24, 2019 Filing 8 Letter by National Water Main Cleaning Company (Attachments: #1 Exhibit) (Schwartz, Bryan)
April 19, 2019 Filing 7 ANSWER to #1 Complaint by All Defendants. (Cara, Frank)
April 15, 2019 Opinion or Order ORDER TO SHOW CAUSE: "[I]t is well established that the party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001.) The defendant is a limited liability company which, for diversity purposes, "takes the citizenship of each of its members." Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The complaint, however, alleges complete diversity based on the location of the defendant's principal place of business. This is insufficient. Accordingly, by April 29, 2019, the plaintiff is directed to file a letter motion to amend its complaint or show cause why this case should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Ann M. Donnelly on 4/15/2019. (Alsarraf, Ali)
April 12, 2019 Filing 6 Summons Issued as to Welkin Mechanical, LLC. (Davis, Kimberly)
April 12, 2019 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
April 12, 2019 Filing 4 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. (Davis, Kimberly)
April 12, 2019 Case Assigned to Judge Ann M Donnelly and Magistrate Judge Ramon E. Reyes, Jr. 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. (Davis, Kimberly)
April 10, 2019 Filing 3 Proposed Summons. by NATIONAL WATER MAIN CLEANING COMPANY (Schwartz, Bryan)
April 10, 2019 Filing 2 Civil Cover Sheet.. by NATIONAL WATER MAIN CLEANING COMPANY (Schwartz, Bryan)
April 10, 2019 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number NYEDC-11370993, filed by NATIONAL WATER MAIN CLEANING COMPANY. (Schwartz, Bryan)

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Plaintiff: NATIONAL WATER MAIN CLEANING COMPANY
Represented By: Bryan T. Schwartz
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Defendant: WELKIN MECHANICAL, LLC
Represented By: Frank T. Cara
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