Argonaut Insurance Company v. 354 Chauncey Realty LLC
| Argonaut Insurance Company |
| 354 Chauncey Realty LLC |
| 1:2020cv00154 |
| January 8, 2020 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Cheryl L Pollak |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 MOTION to Dismiss , MOTION to Stay re #15 Summons Returned Executed, #9 Amended Complaint, by 354 Chauncey Realty LLC. (Attachments: #1 Declaration Declaration of Matthew S. Aboulafia, Esq., #2 Memorandum in Support, #3 Exhibit A - Brownstone Underwriting Application for Insurance, #4 Exhibit B - Argonaut Second Amended Complaint, #5 Exhibit C - Policy, #6 Exhibit D - Property Loss Notice, #7 Exhibit E - Disclaimer of Coverage, #8 Exhibit F - Argonaut's Original Complaint, #9 Exhibit G - Chauncey Summons & Complaint, #10 Exhibit H - Affidavit of Service on Chauncey of Argonaut Second Amended Complaint, #11 Exhibit I - Argonaut and Brownstone's Answer to Chauncey Complaint, #12 Exhibit Division of Corporations Printout for Brownstone and Harlem United) (Aboulafia, Matthew) |
| Filing 19 NOTICE of Appearance by Jack Glanzberg on behalf of 354 Chauncey Realty LLC (aty to be noticed) (Glanzberg, Jack) |
| Filing 18 Corporate Disclosure Statement by 354 Chauncey Realty LLC (Aboulafia, Matthew) |
| Filing 17 Corporate Disclosure Statement by 354 Chauncey Realty LLC (Aboulafia, Matthew) |
| Filing 16 NOTICE of Appearance by Matthew S. Aboulafia on behalf of 354 Chauncey Realty LLC (aty to be noticed) (Aboulafia, Matthew) |
| Filing 15 SUMMONS Returned Executed by Argonaut Insurance Company. 354 Chauncey Realty LLC served on 2/10/2020, answer due 3/2/2020. (Attachments: #1 Affidavit of Service) (Weintraub, Jay) |
| Filing 14 ENDORSED ORDER granting #13 :Counsel's request to appear by telephone is granted. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/14/2020. (Hazelwood, John) |
ORDER re #14 : Please disregard docket entry #14 , it was filed in error. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/14/2020. (Hazelwood, John)
|
| Filing 13 First MOTION for Discovery by Argonaut Insurance Company. (Attachments: #1 Proposed Order, #2 Affidavit in Support Certification of Jay Weintraub in Support, #3 Exhibit Exhibit A - True and Accurate Copy of Summons and Complaint, #4 Exhibit Exhibit B - Application for Insurance, #5 Exhibit Exhibit C - Email to Matthew Aboulafia dated 1/22/20, #6 Exhibit Exhibit D - Online Research, #7 Exhibit Exhibit E - Plaintiff's research, #8 Exhibit Exhibit F - Declarations Page, #9 Exhibit Exhibit G - Amended Complaint, #10 Exhibit Exhibit H - Second Amended Complaint, #11 Exhibit Exhibit I - Response to Order to Show Cause, #12 Affidavit Certification of George Rolla, #13 Affidavit Certification of Christina Fama-Keane, #14 Exhibit Exhibit A to Certification of Christina Fama-Keane, #15 Memorandum in Support Memorandum of Law in Support of Motion for Limited Discovery) (Weintraub, Jay) |
| Filing 12 AMENDED Summons Issued as to 354 Chauncey Realty LLC. (Layne, Monique) |
| Filing 11 REPLY in Opposition filed by Argonaut Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Affidavit Certification of George Rolla, #10 Affidavit Certification of Christina Fama-Keane, #11 Exhibit Exhibit A to Christina Fama-Keane's Certification, #12 Memorandum in Opposition Memorandum In Opposition) (Weintraub, Jay) |
| Filing 10 Letter Coutesy Copy of Reply Papers by Argonaut Insurance Company (Weintraub, Jay) |
| Filing 9 AMENDED COMPLAINT Second Amended Complaint against 354 Chauncey Realty LLC, filed by Argonaut Insurance Company. (Attachments: #1 Proposed Summons, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H) (Weintraub, Jay) |
| Filing 8 AMENDED COMPLAINT for Declaratory Judgment against 354 Chauncey Realty LLC, filed by Argonaut Insurance Company. (Attachments: #1 Proposed Summons, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H) (Weintraub, Jay) |
| Filing 7 SUMMONS Returned Executed by Argonaut Insurance Company. (Weintraub, Jay) |
| Filing 6 SUMMONS Returned Executed by Argonaut Insurance Company. 354 Chauncey Realty LLC served on 1/13/2020, answer due 2/3/2020. (Weintraub, Jay) |
|
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION - Show Cause Response due by 1/31/2020 - On January 8, 2020, Plaintiff filed this action for declaratory judgment asserting this Court's subject matter jurisdiction based on diversity of the parties pursuant to 28 U.S.C. 1332. See, Compl., Dkt. Entry No. 1. The complaint alleges only that, "[u]pon information and belief, 354 CHAUNCEY REALTY LLC is a domestic limited liability company duly organized and existing under the laws of the State of New York with an address at 3611 14th Avenue, #603, Brooklyn, New York 11218." Id. 3. However, the citizenship of a limited liability company is determined by the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). "A complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company." New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010) (citing Handelsman v. Bedford Vill. Assocs. Ltd Pship, 213 F.3d 48, 51-52 (2d Cir. 2000)). The complaint fails to invoke properly this Court's subject matter jurisdiction because it does not allege the citizenship of all members of the defendant LLC. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE NO LATER THAN JANUARY 31, 2020, why this action should not be dismissed for lack of subject matter jurisdiction. SO ORDERED by Chief Judge Dora Lizette Irizarry on 1/21/2020. (Irizarry, Dora)
|
| Filing 5 NOTICE of Appearance by Seth Ian Weinstein on behalf of Argonaut Insurance Company (aty to be noticed) (Weinstein, Seth) |
| Filing 4 Summons Issued as to 354 Chauncey Realty LLC. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Cheryl L. Pollak. 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) |
| Filing 1 COMPLAINT against 354 Chauncey Realty LLC filing fee $ 400, receipt number ANYEDC-12230434 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Argonaut Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Exhibit A - Copy of Brownstone Application, #4 Exhibit Exhibit B - Policy, #5 Exhibit Exhibit C - Copy of Property Loss Notice, #6 Exhibit Exhibit D - Copy of Rent Roll, #7 Exhibit Exhibit E - Copy of Reservation of Rights Letter, #8 Exhibit Exhibit F - Copy of Leases, #9 Exhibit Exhibit G - Copy of Brownstone 12-19-19 Letter to Chauncey, #10 Exhibit Exhibit H - Copy of 1-3-20 Brownstone Letter to Chauncey) (Weintraub, Jay) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Argonaut Insurance Company v. 354 Chauncey Realty LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: 354 Chauncey Realty LLC | |
| Represented By: | Matthew S. Aboulafia |
| Represented By: | Jack Glanzberg |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Argonaut Insurance Company | |
| Represented By: | Jay Weintraub |
| Represented By: | Seth Ian Weinstein |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
