Berzani v. Alonzo-Cevallos et al
| Itzhak Berzani |
| Kevin J. Alonzo-Cevallos and InRange Solutions II, LLC |
| 1:2022cv01997 |
| April 7, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER DISMISSING CASE: The case is dismissed without prejudice for failure to adequately allege diversity jurisdiction. Plaintiff asserts diversity jurisdiction under 28 U.S.C. 1332. See Compl. 1. (Dkt. #1). For diversity jurisdiction to exist, the controversy must be completely diverse, meaning that all plaintiffs must be citizens of different states from all defendants. 28 U.S.C. 1332(a)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Citizenship must be "distinctly and positively averred in the pleadings, or should appear with equal distinctness in other parts of the record." Leveraged Leasing Admin. Corp. v. PacifiCorp Cap., Inc., 87 F.3d 44, 47 (2d Cir. 1996) (quotations omitted); see Force v. Facebook, Inc., 934 F.3d 53, 75 (2d Cir. 2019). The citizenship of a LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The identity and citizenship of each member must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020) (collecting cases). Otherwise, the case must be dismissed.The initial complaint contained no allegations concerning the defendant LLC's membership or the member's citizenship. See Compl. 4 (Dkt. #1). To cure this deficiency, Magistrate Judge Kuo directed plaintiff to identify the defendant LLC's members and allege their citizenship. See Apr. 11, 2022 Order. Plaintiff responded with a letter identifying two members, but not their citizenship, and an address associated with the LLC. See Letter (Dkt. #7). The Court then issued an order to show cause, warning plaintiff that he must "identify[] all members of the LLC and their citizenship" or "the case [would] be dismissed." Apr. 15, 2022 Order. In response, plaintiff filed a letter explaining that after further investigation, he was only able to identify the same two members of the LLC, and he was not able to identify the citizenship of those members or any others. See Letter (Dkt. #8). Since plaintiff has failed to "state expressly the fact[s] on which jurisdiction depends," United States Liab. Ins. Co., 444 F. Supp. 3d at 411 (quoting Brown v. Keene, 33 U.S. (8 Pet.) 112, 114 (1834)), the case is dismissed for lack of subject-matter jurisdiction. Ordered by Judge Rachel P. Kovner on 4/27/2022. (Daus, Benjamin)Ordered by Judge Rachel P. Kovner on 4/27/2022. (Daus, Benjamin)
|
| Filing 8 Letter identifying members of the LLC 2 by Itzhak Berzani (Robinson, Joel) |
|
ORDER TO SHOW CAUSE: Plaintiff asserts diversity jurisdiction under 28 U.S.C. 1332. See Compl. 3-4 (Dkt. #1). However, plaintiff has not identified all members of the defendant limited liability company (LLC) or affirmatively alleged the citizenship of the two members it has identified. See Letter (Dkt. #7). For diversity jurisdiction to exist, the controversy must be completely diverse, meaning that all plaintiffs must be citizens of different states from all defendants. 28 U.S.C. 1332(a)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Citizenship must be "distinctly and positively averred in the pleadings, or should appear with equal distinctness in other parts of the record." Leveraged Leasing Admin. Corp. v. PacifiCorp Cap., Inc., 87 F.3d 44, 47 (2d Cir. 1996) (quotations omitted); see Force v. Facebook, Inc., 934 F.3d 53, 75 (2d Cir. 2019). The citizenship of a LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The identity and citizenship of each member must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). Otherwise, the case must be dismissed. Accordingly, plaintiff must file a letter identifying all members of the LLC and their citizenship by 4/29/2022. Otherwise, the case shall be dismissed. Ordered by Judge Rachel P. Kovner on 4/15/2022. (Daus, Benjamin)
|
| Filing 7 Letter identifying members of the LLC by Itzhak Berzani (Robinson, Joel) |
|
ORDER: Plaintiff is directed to file a letter identifying all members of the LLC entity and the citizenship of each member, so that the Court can determine whether there is complete diversity of citizenship and it has federal jurisdiction pursuant to 28 U.S.C. 1332. Ordered by Magistrate Judge Peggy Kuo on April 11, 2022. (Wu, Kevin)
|
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint by Itzhak Berzani (Robinson, Joel) |
| 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 Rachel P. Kovner and Magistrate Judge Peggy Kuo. 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 2 Proposed Summons. Re #1 Complaint by Itzhak Berzani (Robinson, Joel) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15453012 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Itzhak Berzani. (Attachments: #1 Civil Cover Sheet) (Robinson, Joel) |
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.
