Barrantes v. Beaver County Auto Rental, Inc. et al
| Gregory Barrantes |
| Beaver County Auto Rental, Inc., Latsko Automotive, LP and Matthew Thomas Miller |
| 1:2022cv02930 |
| May 18, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
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| Filing 6 AMENDED COMPLAINT First Amended Complaint against Gregory Barrantes, filed by Gregory Barrantes. (Saldarriaga, Victor) |
ORDER: The motion for leave to amend #5 is granted. Plaintiff is directed to file his first amended complaint as a separate docket entry by 6/14/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/7/2022. (Morrow, Emily)
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| Filing 5 Letter MOTION for Leave to File Document First Amended Complaint by Gregory Barrantes. (Attachments: #1 Exhibit A - PA Notice of Crash Investigation Report, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - PA Business Entity Information) (Saldarriaga, Victor) |
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ORDER TO SHOW CAUSE: Plaintiff initiated this action in federal court on May 18, 2022. (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. paras. 3 - 6). "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 purposes of diversity jurisdiction, limited partnerships take the citizenship of each of its partners. Carden v. Arkoma Assocs., 494 U.S. 185, 19596 (1990). 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). "[T]he domicile of a party to a diversity of citizenship case is the place where that individual has a true, fixed home and principal establishment, and to which, whenever that person is absent from the jurisdiction, he or she has the intention of returning[.]" 13E Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 3612 (3d ed. 2021); Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000).Plaintiff alleges diversity because he is a resident of New York, Defendant Beaver County Auto Rental, Inc. is a corporation based in Pennsylvania and organized under Pennsylvania law, defendant Latsko Automotive, LP is a limited partnership based in Pennsylvania and organized under Pennsylvania law, and defendant Matthew Thomas Miller is a "resident" of Pennsylvania. (Dkt. No. #1 , paras. 817). The Complaint does not disclose the domicile of Plaintiff or Defendant Miller, and it does not disclose Defendant Latsko Automotive, LP's partners 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 6/6/2022, 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 domicile of each of the members of Latsko Automotive, LP. Failure to respond to this order to show cause will result in the action being dismissed. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/23/2022. (Morrow, Emily)
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| Filing 4 Summons Issued as to Beaver County Auto Rental, Inc., Latsko Automotive, LP, Matthew Thomas Miller. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Judge LaShann DeArcy Hall 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) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15579565 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Gregory Barrantes. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Summons - BeaverCoAutoRent,Inc., #3 Proposed Summons Summons - LatskoAutoLP, #4 Proposed Summons Summons - MTMiller) (Saldarriaga, Victor) |
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