Paper Profits, LLC v. Smith et al
| Paper Profits, LLC |
| Keisha Smith and John Doe |
| 1:2021cv05774 |
| October 15, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
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| Filing 7 NOTICE of Voluntary Dismissal by Paper Profits, LLC pursuant to FRCP 41(a)(1)(A)(i) without prejudice and without costs (Rodriguez, Arsenio) |
Civil Case Terminated as per plaintiff's Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 10/25/2021. (Cogan, Brian)
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ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 10/25/2021 why this action should not be dismissed for failure to invoke this Court's subject matter jurisdiction. First, if a limited liability company seeks to maintain a diversity action in federal court, it must identify by name and citizenship each interest holder in the LLC. There are no anonymous interest holders in a diversity action involving an LLC. See Kruglov v. Copart of Connecticut, Inc., 771 F. Appx. 117, 118 (2nd Cir. 2019); 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); 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-cv-950, 2021 WL 878557, at *1 (E.D.N.Y. March 9, 2021). Similarly, the complaint alleges that one of plaintiff's members is a corporation, but it neither names that corporation nor sets forth its principal place of business. Finally, plaintiff cannot allege the citizenship of its members "upon information and belief." These are plaintiff's own members, and if plaintiff does not know who they are and where they are citizens, it may not invoke diversity jurisdiction. Ordered by Judge Brian M. Cogan on 10/17/2021. (Weisberg, Peggy)
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| Filing 6 Summons Issued as to Keisha Smith. (Davis, Kimberly) |
| 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 Proposed Summons. Re #1 Complaint, by Paper Profits, LLC (Rodriguez, Arsenio) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Paper Profits, LLC (Rodriguez, Arsenio) |
| Filing 1 COMPLAINT Paper Profits, LLC against John Doe, Keisha Smith filing fee $ 402, receipt number ANYEDC-14938520 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Paper Profits, LLC. (Attachments: #1 Exhibit Ex A - Schedule A, #2 Exhibit Ex B - Note, #3 Exhibit Ex C - Mortgage, #4 Exhibit Ex D - Assignments of Mortgage, #5 Exhibit Ex E - Demand Letters, #6 Exhibit Ex F - Necessary Parties) (Rodriguez, Arsenio) |
| 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) |
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