Tibes et al v. Hanseatic Moving Services, LLC
| Sarah Tibes and Raoul Tibes |
| Hanseatic Moving Services, LLC |
| AG Moving Services, LLC |
| 1:2021cv03293 |
| June 11, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Taryn A Merkl |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Defendant |
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| Document Text |
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| Filing 8 Letter Letter to Judge Rachel Kovner by AG Moving Services, LLC (Morrison, Daniel) |
| Filing 7 Letter regarding citizenship of parties by Hanseatic Moving Services, LLC (Maola, Krystina) |
| Filing 6 NOTICE of Appearance by Krystina Maola on behalf of Hanseatic Moving Services, LLC (aty to be noticed) (Maola, Krystina) |
ORDER TO SHOW CAUSE: Hanseatic Moving Services, LLC's #1 notice of removal asserts diversity jurisdiction under 28 U.S.C. 1332(a). As the party asserting federal jurisdiction, Hanseatic "bears the burden of demonstrating the propriety of removal." Cal. Pub. Emps. Ret. Sys. v. WorldCom, Inc., 368 F.3d 86, 100 (2d Cir. 2004). A case qualifies for diversity jurisdiction under 1332(a) only when there is complete diversity between the adverse parties, meaning that no plaintiff is a citizen of the same state as any defendant. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). The notice of removal alleges that all members of third-party defendant AG Moving Services, LLC "are residents of the Commonwealth of Virginia." But "[t]he allegations of the residences of [an LLC's members]... are not equivalent to allegations of citizenship and therefore are insufficient." Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 322 (S.D.N.Y. 2016); see Mackason v. Diamond Fin. LLC, 347 F. Supp. 2d 53, 55 (S.D.N.Y. 2004). Moreover, the notice of removal does not appear to allege the citizenship of named state-court plaintiff Raoul Tibes. Hanseatic is directed to file a letter by 6/24/2021 showing cause why this matter should not be remanded to the state court for lack of federal subject matter jurisdiction. See 28 U.S.C. 1447(c). The letter should identify each member of AG Moving Services, LLC and its alleged citizenship, as well as the citizenship of plaintiff Raoul Tibes, or explain why such allegations are not required. The remaining parties to this case may respond to Hanseatic's letter by 7/2/2021. Ordered by Judge Rachel P. Kovner on 6/14/2021. (Kahwash, Sarah)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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) |
| Filing 3 Corporate Disclosure Statement by Hanseatic Moving Services, LLC (Schwartz, Bryan) |
| Filing 2 DEMAND for Trial by Jury by Hanseatic Moving Services, LLC (Schwartz, Bryan) |
| Filing 1 NOTICE OF REMOVAL by Hanseatic Moving Services, LLC from Kings, case number 518914/2020. ( Filing fee $ 402 receipt number ANYEDC-14558196) (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Schwartz, Bryan) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Taryn A. Merkl. 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) |
| 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. (Davis, Kimberly) |
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