Cutter, LLC v. Leuze et. al.
| Cutter, LLC |
| David Leuze, Steven Howard and Stephen Shafer |
| 1:2021cv05487 |
| October 4, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
STIPULATION AND ORDER re: extension of time to answer amended complaint as to defendant David Leuze; answer due 12/23/2021. ( Ordered by Judge Brian M. Cogan on 11/29/2021 ) (Guzzi, Roseann)
|
| Filing 16 STIPULATION Extending Defendant David Leuze's Time to Answer, Move, or Otherwise Respond to the Amended Complaint by David Leuze (Tremonte, Michael) |
|
ORDER granting #10 . Telephonic Initial Status Conference is adjourned to for 12/9/2021 at 11:00 AM. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 5487# and are reminded to comply with the mandatory requirements for the conference set forth at #7 . Ordered by Judge Brian M. Cogan on 11/18/2021. (Weisberg, Peggy)
|
|
Filing 15
STIPULATION AND ORDER extending time to Answer Amended Complaint as to defendant Steven Howard answer due 12/23/2021. ( Ordered by Judge Brian M. Cogan on 11/12/2021 ) (Guzzi, Roseann)
|
| Filing 14 NOTICE of Appearance by Francesca Anne Morris on behalf of Steven Howard (aty to be noticed) (Morris, Francesca) |
| Filing 13 AFFIDAVIT of Service for Amended Complaint served on Stephen Shafer on 10/29/21, filed by Cutter, LLC. (Sepe, Michael) |
| Filing 12 AFFIDAVIT of Service for Amended Complaint served on Steven Howard on 11/5/21, filed by Cutter, LLC. (Sepe, Michael) |
| Filing 11 AFFIDAVIT of Service for Amended Complaint served on David Leuze on 10/29/21, filed by Cutter, LLC. (Sepe, Michael) Modified on 11/15/2021 to correct date of service (Guzzi, Roseann). |
| Filing 10 First MOTION to Adjourn Conference Request to Adjourn Initial Conference and time to submit joint letter and case management plan by Cutter, LLC. (Sepe, Michael) |
| Filing 9 STIPULATION Defendant S Howard Request for extension of time to Answer or Move by Cutter, LLC (Sepe, Michael) |
|
ORDER deferring ruling on #10 . Plaintiff has not filed proof of service on defendants as required by Fed. R. Civ. P. 4(l), and unless it does, the Initial Status Conference set for 11/23/2021 will proceed as scheduled. Ordered by Judge Brian M. Cogan on 11/12/2021. (Weisberg, Peggy)
|
| Filing 8 Summons Issued as to Steven Howard, David Leuze, Stephen Shafer. (Guzzi, Roseann) |
|
Filing 7
ORDER granting #6 and SCHEDULING ORDER: A telephonic Initial Status Conference is set for 11/23/2021 at 10:00 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 5487#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 10/13/2021. (Weisberg, Peggy)
|
| Filing 6 First MOTION to Amend/Correct/Supplement #5 Amended Complaint, Order to Show Cause,,, Letter to Judge Cogan in response to Court's Order to Show Cause and with proposed Amended Complaint by Cutter, LLC. (Sepe, Michael) |
|
Filing 5
AMENDED COMPLAINT Proposed Amended Complaint in response to Order to Show Cause by Judge Cogan against All Defendants, filed by Cutter, LLC. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Proposed Summons) (Sepe, Michael) Modified on 11/29/2021 to restrict exhibits A,B,E,G,L, N and O due to acct. #'s and other personal information that was not redacted. (Guzzi, Roseann).
|
|
ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 10/14/2021 why this action should not be dismissed for failure to invoke this Court's subject matter jurisdiction. First, residence does not determine citizenship and plaintiff has pled only the residence of defendants. See 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-CV-950, 2021 WL 878557, at *2 (E.D.N.Y. Mar. 9, 2021). Second, the citizenship of an LLC is not where it has its principal place of business or state of formation. See Am. Empire Surplus Lines Ins. Co. v. Clearview SM, Inc., No. 21-cv-4230, 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021); 136-61 Roosevelt LLC v. Starbucks Corp., No. 21-cv-3560, 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021). Plaintiff must allege the identify and citizenship of each one of its members, and not generically. Ordered by Judge Brian M. Cogan on 10/7/2021. (Weisberg, Peggy)
|
| Filing 4 Summons Issued as to Steven Howard, David Leuze, Stephen Shafer. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14898751 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Cutter, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Appendix, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O) (Sepe, Michael) Modified on 10/6/2021 (Flanagan, Doreen). |
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.
