St. George Hotel Associates, LLC et al v. Affiliated FM Insurance Company
| HENRY CLARK ASSOCIATES, LLC and ST. GEORGE HOTEL ASSOCIATES, LLC |
| Affiliated FM Insurance Company |
| 1:2020cv05097 |
| October 22, 2020 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Roanne L Mann |
| Insurance |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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| Case Reassigned to Judge Diane Gujarati. Judge Eric R. Komitee no longer assigned to the case. 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. (Mahoney, Brenna) |
Filing 12
SCHEDULING ORDER: A telephonic initial conference will be held on January 20, 2021 @ 2:30 p.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on January 19, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833.If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 12/11/2020. (LK)
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| Filing 11 ANSWER to #10 Amended Complaint by Affiliated FM Insurance Company. (Cossolini, Robert) |
| Filing 10 AMENDED COMPLAINT against Affiliated FM Insurance Company, filed by St. George Hotel Associates, LLC, Henry Clark Associates, LLC. (Mallin, Joshua) |
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ORDER TO SHOW CAUSE re #9 Amended Complaint filed by St. George Hotel Associates, LLC, Henry Clark Associates, LLC. In response to this Court's Order to Show Cause why the case should not be dismissed for lack of subject matter jurisdiction, plaintiffs filed an Amended Complaint that suffers from the same deficiency as the original Complaint - the failure to identify the citizenship of each member of the plaintiff limited liability company. See DE #9. Plaintiff must show cause by November 30, 2020, why the Amended Complaint should not be dismissed sua sponte for failure to properly allege the diversity of the parties. Ordered by Magistrate Judge Roanne L. Mann on 11/23/2020. (Proujansky, Josh)
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| Filing 9 AMENDED COMPLAINT against Affiliated FM Insurance Company, filed by St. George Hotel Associates, LLC, Henry Clark Associates, LLC. (Mallin, Joshua) |
| Filing 8 NOTICE of Appearance by Edward Terrence Hagan on behalf of Affiliated FM Insurance Company (aty to be noticed) (Hagan, Edward) |
| Filing 7 Corporate Disclosure Statement by Affiliated FM Insurance Company identifying Corporate Parent Factory Mutual Insurance Company for Affiliated FM Insurance Company. (Cossolini, Robert) |
| Filing 6 ANSWER to #1 Complaint, by Affiliated FM Insurance Company. (Cossolini, Robert) |
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ORDER TO SHOW CAUSE In their complaint, which was filed in federal court on the basis of diversity jurisdiction, plaintiffs St. George Hotel Associates, LLC and Henry Clark Associates, LLC state that they are domestic corporations with their principal place of business in New York. See Complaint ¶ 13. However, a limited liability company has the citizenship of each of its individual members, which must be set forth in the pleading. See Mackason v. Diamond Fin. LLC, 347 F.Supp.2d 53, 55-56 (S.D.N.Y. 2004). Thus, the complaint is clearly deficient with respect to alleging complete diversity of the parties. Accordingly, plaintiffs are directed to show cause, by November 25, 2020, why the case should not be dismissed for lack of jurisdiction. Ordered by Magistrate Judge Roanne L. Mann on 11/19/2020. (LK)
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| Filing 5 SUMMONS Returned Executed by St. George Hotel Associates, LLC, Henry Clark Associates, LLC. Affiliated FM Insurance Company served on 10/29/2020, answer due 11/19/2020. (Mallin, Joshua) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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) |
| Filing 2 Summons Issued as to Affiliated FM Insurance Company. (Bowens, Priscilla) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Roanne L. Mann. 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-13570168 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by ST. GEORGE HOTEL ASSOCIATES, LLC, HENRY CLARK ASSOCIATES, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Mallin, Joshua) |
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