2939, LLC et al v. Continental Indemnity Company et al
| INDUSTRIA @ SEA, INC., INDUSTRIA SUPERSTUDIO OVERSEAS, INC., David Weiss, INDUSTRIA WORLD LLC, Massachusetts Bay Insurance Company, 2939, LLC, BORGO GUGLIELMO, LLC, Linda Weiss and Inustria Superstudio Overseas, Inc. |
| RI XIAN WANG, BULSON MANAGEMENT, LLC, MEI YING LIN and Continental Indemnity Company |
| 1:2021cv00729 |
| February 10, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 Letter to Honorable Rachel P. Kovner by 2939, LLC, Borgo Guglielmo, LLC, Industria @ Sea, Inc., Industria World LLC, Inustria Superstudio Overseas, Inc., Massachusetts Bay Insurance Company, David Weiss, Linda Weiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Shapiro, Sim) |
ORDER: Plaintiffs request that their duty to respond to the letter motion at #4 be held in abeyance until any dispute over diversity jurisdiction has been resolved. That request is granted. Ordered by Judge Rachel P. Kovner on 2/22/2021. (Lewis, Benjamin)
|
| Filing 6 Letter to Honorable Rachel P. Kovner by 2939, LLC, Borgo Guglielmo, LLC, Industria @ Sea, Inc., Industria World LLC, Inustria Superstudio Overseas, Inc., Massachusetts Bay Insurance Company, David Weiss, Linda Weiss (Shapiro, Sim) |
| Filing 5 CERTIFICATE OF SERVICE by Continental Indemnity Company re #4 Letter MOTION for pre motion conference regarding anticipated motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6) (Stephens, Shand) |
|
ORDER: Defendant Continental Indemnity Co. invokes diversity jurisdiction, arguing that all other putative defendants have been fraudulently joined. See Notice of Removal at 8 (Dkt. #1); Pampillonia v. RJR Nabisco, Inc., 138 F.3d 459, 461 (2d Cir. 1998). Plaintiffs are directed to respond by 2/25/21. The response should address whether (i) this Court has diversity jurisdiction and (ii) whether defendants Bulson Management, LLC, Ri Xian Wang, and Mei Ying Lin should be realigned as plaintiffs. Ordered by Judge Rachel P. Kovner on 2/18/2021. (Lewis, Benjamin)
|
| Filing 4 Letter MOTION for pre motion conference regarding anticipated motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6) by Continental Indemnity Company. (Stephens, Shand) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Robert M. Levy. 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 NOTICE OF REMOVAL by Continental Indemnity Company from Supreme Court of the State of New York, County of Kings, case number Index No. 524912/2020. ( Filing fee $ 402 receipt number ANYEDC-14127847) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (Stephens, Shand) |
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
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.
