AmGuard Insurance Company v. Broan-Nutone, LLC et al
| AmGuard Insurance Company |
| Jakel Incorporated, Broan-Nutone, LLC and Jakel Motors Incorporated |
| 1:2021cv06768 |
| December 7, 2021 |
| U.S. District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by AmGuard Insurance Company (Grear, Kenneth) |
ORDER TO SHOW CAUSE: On December 7, 2021, Plaintiff initiated this action in federal court (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).Plaintiff alleges diversity because it is a corporation organized under Pennsylvania law with a principal place of business in Pennsylvania, Defendant Broan-Nutone LLC is a limited liability company under Delaware law with a principal place of business in Wisconsin, Defendant Jakel Motors Incorporated is a corporation organized under Wisconsin law with a principal place of business in Wisconsin, and Defendant Jakel, Incorporated is a corporation organized under Wisconsin law with a principal place of business in Wisconsin. (Dkt. No. #1 , paras. 1-6). The Complaint does not disclose Defendant Broan-Nutone 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 12/15/2021, 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 citizenship of each of the members of Broan-Nutone LLC. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2021. (Morrow, Emily)
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| Filing 5 Summons Issued as to Broan-Nutone, LLC, Jakel Incorporated, Jakel Motors Incorporated. (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (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 Proposed Summons. Re #1 Complaint, by AmGuard Insurance Company (Attachments: #1 Proposed Summons, #2 Proposed Summons) (Grear, Kenneth) |
| Filing 1 COMPLAINT against Broan-Nutone, LLC, Jakel Incorporated, Jakel Motors Incorporated filing fee $ 402, receipt number BNYEDC-15090996 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by AmGuard Insurance Company. (Grear, Kenneth) |
| Case Assigned to Judge Ann M Donnelly 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. (Davis, Kimberly) |
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