Gravenese v. Somatics, LLC
| JOSEPH GRAVENESE |
| SOMATICS, LLC |
| 1:2022cv00899 |
| February 17, 2022 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Eric R Komitee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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ORDER TO SHOW CAUSE: Plaintiff's complaint invokes federal diversity jurisdiction under 28 U.S.C. 1332, but Plaintiff has not adequately alleged that he is diverse from Defendant Somatics, LLC, a limited liability company (LLC). The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The complaint does not specify the members of the defendant LLC or their citizenship. Plaintiff shall file a letter (not to exceed three pages) by 04/27/2022 explaining why the requirements for diversity jurisdiction are satisfied in this action. Defendant may file a responsive letter (not to exceed three pages) by 05/11/2022. So Ordered by Magistrate Judge Marcia M. Henry on 04/15/2022. (Gans, Courtney)
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Filing 10
SCHEDULING ORDER: A telephone initial conference is scheduled for 05/25/2022 at 3:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. Counsel are directed to review the attached Initial Conference Order and this Court''s Individual Practice Rules for instructions. By 05/18/2022, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: #https://img.nyed.uscourt s.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 04/13/2022. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo)
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| Filing 9 ANSWER to #1 Complaint, by Somatics, LLC. (Attachments: #1 Rule 7.1 statement) (Curtis, Michael) |
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ORDER GRANTING #8 First MOTION for Extension of Time to File Answer. The stipulation is so-ordered and the deadline for Defendant to answer or otherwise respond to the Complaint is 04/11/2022. So Ordered by Magistrate Judge Marcia M. Henry on 03/11/2022. (Castro, Ricardo)
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| Filing 8 First MOTION for Extension of Time to File Answer by Somatics, LLC. (Curtis, Michael) |
| Filing 7 NOTICE of Appearance by Michael James Curtis on behalf of All Defendants (aty to be noticed) (Curtis, Michael) |
| Filing 6 SUMMONS Returned Executed by Joseph Gravenese. Somatics, LLC served on 2/22/2022, answer due 3/15/2022. (Goldman, Ronald) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to Somatics, LLC. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Joseph Gravenese (Goldman, Ronald) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Marcia M. Henry. 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT JOSEPH GRAVENESE against SOMATICS, LLC filing fee $ 402, receipt number ANYEDC-15303127 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by JOSEPH GRAVENESE. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Goldman, Ronald) |
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| Plaintiff: JOSEPH GRAVENESE | |
| Represented By: | Ronald L.M. Goldman |
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| Defendant: SOMATICS, LLC | |
| Represented By: | Michael James Curtis |
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