Pena v. New Jersey Manufacturers Insurance Company
| Jorge Pena |
| New Jersey Manufacturers Insurance Company |
| 1:2020cv03445 |
| July 30, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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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)
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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)
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Filing 13
CASE MANAGEMENT STATEMENT Civil Case Management Plan (Murdocca, Nicole)
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Filing 12
NOTICE of Appearance by Nicole Maria Murdocca on behalf of Jorge Pena (aty to be noticed) (Murdocca, Nicole)
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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)
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Filing 11
Letter Joint Letter in connection with Initial Status Conference by Jorge Pena (Galleshaw, James)
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Filing 10
ANSWER to #9 Amended Complaint by New Jersey Manufacturers Insurance Company. (Downing, John)
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Filing 9
AMENDED COMPLAINT against New Jersey Manufacturers Insurance Company, filed by Jorge Pena. (Galleshaw, James)
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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)
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Filing 7
Letter regarding the Order to Show Cause by Jorge Pena (Galleshaw, James)
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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)
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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)
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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)
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Filing 4
Summons Issued as to New Jersey Manufacturers Insurance Company. (Bowens, Priscilla)
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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)
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Filing 3
Proposed Summons. by Jorge Pena (Galleshaw, James)
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Filing 2
Civil Cover Sheet.. by Jorge Pena (Galleshaw, James)
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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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| Defendant: New Jersey Manufacturers Insurance Company | |
| Represented By: | John M. Downing |
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| Plaintiff: Jorge Pena | |
| Represented By: | James J. Galleshaw |
| Represented By: | Nicole Maria Murdocca |
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