Margolies v. Rudolph et al
| Robert Margolies |
| Jen Rudolph, Jennifer Rudolph and The Actor's Green Room LLC |
| 1:2021cv02447 |
| May 3, 2021 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 33 First MOTION to Dismiss for Failure to State a Claim by Jen Rudolph. (Attachments: #1 Memorandum in Support, #2 Memorandum in Opposition, #3 Exhibit, #4 Reply) (Reich, Stephen) |
| Filing 32 NOTICE of Change of Name of Law Firm and Email Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Choudhry, Kiren) |
ORDER: The Court adopts the parties' proposed briefing schedule #31 . Defendants shall serve their motion to dismiss by 8/26/2022, Plaintiff shall serve any response by 10/7/2022, and Defendants shall serve any reply by 10/18/2022. Filing of all briefs on the docket should be made only upon service of reply papers. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/19/2022. (Bruckner, Ian)
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| Filing 31 Letter Re: Parties Briefing Schedule by Robert Margolies (Attachments: #1 Proposed Order Setting Briefing Schedule) (Choudhry, Kiren) |
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ORDER: If Defendants intend to move to dismiss the Amended Complaint in lieu of answering, the parties should submit a jointly agreed-upon briefing schedule by 7/21/2022. The briefing schedule should, as a courtesy to the Court, have the parties serve opening and response briefs, and filing of all briefs on the docket should be made only upon service of reply papers. Should Defendants intend to answer, they may so indicate by 7/21/2022 and the Court will schedule a Rule 16 conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/7/2022. (Bruckner, Ian)
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| Filing 30 AMENDED COMPLAINT against All Defendants, filed by Robert Margolies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Choudhry, Kiren) |
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Filing 29
ORDER: For the reasons explained in the attached order, the motion to dismiss #24 is hereby granted. All claims in the Amended Complaint #7 are dismissed. Plaintiff may file an amended complaint by July 6, 2022 that addresses the deficiencies identified. Should Plaintiff fail to file an amended complaint, the Clerk of Court is directed to enter judgment dismissing the case with prejudice. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/6/2022. (Bruckner, Ian)
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ORDER: The motion to hold a conference #26 to address Plaintiff's allegedly improper behavior is denied. The parties may take up these issues and messages--and their import--at depositions of parties and witnesses. The Court finds no reason for Court intervention or supervision at this time. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/3/2022. (Bruckner, Ian)
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| Filing 28 RESPONSE to Motion re #26 Letter MOTION for Hearing Pursuant to Local Civil Rule 37(3)(c) filed by Robert Margolies. (Choudhry, Kiren) |
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ORDER: Plaintiff is directed to respond to the motion #26 filed by Defendants by 3/2/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/23/2022. (Bruckner, Ian)
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| Filing 27 Letter to Advise of Additional Exhibit by Jen Rudolph, The Actor's Green Room LLC (Attachments: #1 Exhibit D) (Reich, Stephen) |
| Filing 26 Letter MOTION for Hearing Pursuant to Local Civil Rule 37(3)(c) by Jen Rudolph. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Reich, Stephen) |
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ORDER: The Motion for Pre Motion Conference #15 , is hereby denied as moot. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/10/2022. (Manson, Eddie) .
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| Filing 25 REPLY in Support re #24 First MOTION to Dismiss for Failure to State a Claim and all parties' papers in opposition and reply Signed Attorney Declaration filed by Jen Rudolph, The Actor's Green Room LLC. (Reich, Stephen) |
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ORDER: The motion for extension of time to file a motion to dismiss #23 is hereby granted. And the time to respond is extended three days. The deadline to file a motion to dismiss is extended to 9/13/2021. The first motion to dismiss #24 is deemed filed as of 9/13/21. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/13/2021. (Bruckner, Ian)
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| Filing 24 First MOTION to Dismiss for Failure to State a Claim and all parties' papers in opposition and reply by Jen Rudolph, The Actor's Green Room LLC. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Affidavit in Opposition, #10 Exhibit, #11 Exhibit, #12 Memorandum in Opposition, #13 Declaration, #14 Exhibit, #15 Affidavit in Support, #16 Memorandum in Support) (Reich, Stephen) |
| Filing 23 First MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition et al. by Jen Rudolph, The Actor's Green Room LLC. (Reich, Stephen) |
| Filing 22 First MOTION to Dismiss for Failure to State a Claim as well as Plaintiff's Opposition, Affirmation and Exhibits thereto and Defendants' Reply by Jen Rudolph, The Actor's Green Room LLC. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Affidavit in Opposition, #9 Exhibit, #10 Exhibit, #11 Memorandum in Opposition, #12 Declaration, #13 Affidavit in Support, #14 Memorandum in Support) (Reich, Stephen) (Modified: Motion terminated and re-filed correctly under ECF # 24.) (Latka-Mucha, Wieslawa) |
| #22 Motion terminated (filed in error) and re-filed correctly under Docket Entry #24 . (Latka-Mucha, Wieslawa) |
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ORDER: The parties' proposed briefing schedule #21 is so ordered. Defendants shall serve their motion to dismiss by 7/30/2021, Plaintiff shall serve his opposition by 8/31/2021, and Defendants shall serve their reply by 9/8/2021. Defendants shall file the fully briefed motion on the docket by 9/9/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/30/2021. (Altreuter, Sylvia)
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| Filing 21 Proposed Pretrial Order Setting Briefing Schedule by Robert Margolies (Choudhry, Kiren) |
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ORDER: The motion to stay discovery #20 is granted. Apart from the exchange of Rule 26 initial disclosures, discovery is stayed pending resolution of Defendants' anticipated motion to dismiss. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/29/2021. (Altreuter, Sylvia)
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| Filing 20 Letter Request to stay discovery by Robert Margolies (Choudhry, Kiren) Modified on 7/29/2021 (Altreuter, Sylvia) (modified to motion to stay). |
| Filing 19 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Frederic Block no longer assigned to 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. (So Ordered by USDJ Frederick Block, on 7/27/2021) (Galeano, Sonia) |
| Filing 18 CONSENT to Jurisdiction by US Magistrate Judge by Robert Margolies. (Choudhry, Kiren) |
| Case no longer referred to Magistrate Judge Sanket J. Bulsara. (Galeano, Sonia) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting (Choudhry, Kiren) |
| Filing 16 Proposed Pretrial Order Stipulation and Proposed order Regarding Electronically Stored Information and Document Production by Robert Margolies (Choudhry, Kiren) |
| Filing 15 MOTION for pre motion conference to Dismiss Complaint by Jen Rudolph, The Actor's Green Room LLC. (Reich, Stephen) |
| Filing 14 Corporate Disclosure Statement by Jen Rudolph, The Actor's Green Room LLC (Reich, Stephen) |
| Filing 13 NOTICE of Appearance by Stephen Reich on behalf of All Defendants (aty to be noticed) (Reich, Stephen) |
| Filing 12 AFFIDAVIT/AFFIRMATION re #7 Amended Complaint by Robert Margolies (Choudhry, Kiren) |
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Filing 11
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 7/23/2021 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Plaintiff is directed to notify Defendants of this scheduling order at the time Defendants makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two days before 7/23/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/24/2021. (Manson, Eddie)
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| Filing 10 WAIVER OF SERVICE Returned Executed by Robert Margolies. The Actor's Green Room LLC waiver sent on 5/5/2021, answer due 7/5/2021. (Choudhry, Kiren) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Robert Margolies. Jen Rudolph waiver sent on 5/5/2021, answer due 7/5/2021. (Choudhry, Kiren) |
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ORDER: The Court concludes that dismissal for lack of subject-matter jurisdiction is not appropriate at this time. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/18/2021. (Altreuter, Sylvia)
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| Filing 8 AFFIDAVIT/AFFIRMATION re Order to Show Cause,,,,,,,,,,, by Robert Margolies (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Choudhry, Kiren) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Robert Margolies. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Choudhry, Kiren) |
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ORDER TO SHOW CAUSE: Plaintiff initiated this action in federal court on May 3, 2021. (Dkt. No. #1 ). Plaintiff alleges this Court has diversity jurisdiction under 28 U.S.C. 1332(a) because the amount in controversy exceeds $75,000 and the parties are diverse. (Id. para. 8). "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." Advani Enters., Inc. v. Underwriters at Lloyds, 140 F.3d 157, 160 (2d Cir. 1998).Section 1332(a) requires complete diversity among the plaintiffs and defendants for a federal court to exercise diversity jurisdiction. Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001) ("[D]iversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships."). For the purposes of diversity, a limited liability company takes the citizenship of each of its members. Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). And "[f]or purposes of diversity jurisdiction, a party's citizenship depends on [her] domicile." Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998). "[T]he domicile of a party to a diversity of citizenship case is the place where that individual has a true, fixed home and principal establishment, and to which, whenever that person is absent from the jurisdiction, he or she has the intention of returning[.]" 13E Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 3612 (3d ed. 2021); Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000).Plaintiff alleges diversity because he is a "resident" of California, Defendant Jen Rudolph is a "resident" of New York, and Defendant The Actor's Green Room LLC is organized in New York. (Dkt. No. #1 , paras. 11-13). The Complaint does not disclose the domicile of Plaintiff or Defendant Rudolph, and it does not disclose Defendant The Actor's Green Room LLC's members or their citizenships for the purposes of diversity. As a result, the Court is unable to conclude whether it possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a). By 5/19/2021, Plaintiff shall show cause why this action should not be dismissed for lack of jurisdiction. To the extent that Plaintiff contends that there is diversity jurisdiction, he must allege the domicile of each of the members of The Actor's Green Room LLC. Failure to respond to this order to show cause will result in the action being dismissed. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/5/2021. (Altreuter, Sylvia)
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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) |
| 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) |
| Filing 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 Proposed Summons. by Robert Margolies (Choudhry, Kiren) |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, by Robert Margolies (Choudhry, Kiren) (Main Document 2 replaced on 5/5/2021) (Lee, Tiffeny). |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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 $ 402, receipt number ANYEDC-14430524 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by ROBERT MARGOLIES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Choudhry, Kiren) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. (Bowens, Priscilla) |
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