Paper Profits, LLC v. Smith et al
Plaintiff: Paper Profits, LLC
Defendant: Keisha Smith and John Doe
Case Number: 1:2021cv05774
Filed: October 15, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 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)
October 25, 2021 Opinion or Order Civil Case Terminated as per plaintiff's Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 10/25/2021. (Cogan, Brian)
October 17, 2021 Opinion or Order 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)
October 15, 2021 Filing 6 Summons Issued as to Keisha Smith. (Davis, Kimberly)
October 15, 2021 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)
October 15, 2021 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)
October 15, 2021 Filing 3 Proposed Summons. Re #1 Complaint, by Paper Profits, LLC (Rodriguez, Arsenio)
October 15, 2021 Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Paper Profits, LLC (Rodriguez, Arsenio)
October 15, 2021 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)
October 15, 2021 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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Plaintiff: Paper Profits, LLC
Represented By: Arsenio David Rodriguez
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Defendant: Keisha Smith
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Defendant: John Doe
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