Bioreference Health, LLC v. KFG Operating Two, LLC
| Bioreference Health, LLC |
| KFG Operating Two, LLC doing business as Bensonhurst Center for Rehabilitation & Healthcare |
| 1:2022cv04899 |
| August 19, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 11 Letter MOTION to Adjourn Conference (Request for an adjournment of the Initial Status Conference) by Bioreference Health, LLC. (Corngold, Eric) |
ORDER DISMISSING CASE. The Court having been advised that this matter has settled, the case is dismissed, subject to reinstatement at the request of any party within 30 days. The Court retains jurisdiction to So Order any settlement documents if they are filed within this period. Ordered by Judge Brian M. Cogan on 10/5/2022. (Cogan, Brian)
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Filing 10
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 10/11/2022 at 10:00 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 4899#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 8/30/2022. (Weisberg, Peggy)
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| Filing 9 Letter to Judge Cogan in response to the Order to Show Cause issued by the Court on August 24, 2022 by Bioreference Health, LLC (Corngold, Eric) |
| Filing 8 NOTICE of Appearance by Jacob Lewis on behalf of Bioreference Health, LLC (aty to be noticed) (Lewis, Jacob) |
| Filing 7 NOTICE of Appearance by Priyanka Wityk on behalf of Bioreference Health, LLC (aty to be noticed) (Wityk, Priyanka) |
| Filing 6 SUMMONS Returned Executed by Bioreference Health, LLC. KFG Operating Two, LLC served on 8/24/2022, answer due 9/14/2022. (Corngold, Eric) |
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ORDER TO SHOW CAUSE. This Court's diversity jurisdiction has not been properly invoked. The citizenship of limited liability companies like the parties here is not the same as the citizenship of a corporation. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (citing Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000). It doesn't matter where LLCs are organized or have their principal place of business. To sue in a case involving a limited liability company, "a [party] must allege the identity and citizenship of their members, proceeding up the chain of ownership until the [party] has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Flemming v. Port Auth. of N.Y. & N.J., No. 21-cv-1112, 2021 WL 878558, at *1 (E.D.N.Y. March 9, 2021); U.S. Liab. Ins. Co v. M Remodeling Corp., 444 F. Supp. 3d 408, 409-10 (E.D.N.Y. 2020). Plaintiff therefore must set forth the identity and citizenship of all of its members. Plaintiff is therefore Ordered to Show Cause by 8/31/2022 why this action should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Brian M. Cogan on 8/24/2022. (Weisberg, Peggy)
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| 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 KFG Operating Two, LLC. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. by Bioreference Health, LLC (Corngold, Eric) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 8/23/2022: #1 Additional Corrections) (Landow, Concetta). |
| Filing 1 COMPLAINT against KFG Operating Two, LLC d/b/a Bensonhurst Center for Rehabilitation & Healthcare filing fee $ 402, receipt number ANYEDC-15860844 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Bioreference Health, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Laboratory Services Agreement, #4 Exhibit List of Invoices) (Corngold, Eric) |
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| Plaintiff: Bioreference Health, LLC | |
| Represented By: | Eric Owen Corngold |
| Represented By: | Jacob Lewis |
| Represented By: | Priyanka Wityk |
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| Defendant: KFG Operating Two, LLC doing business as Bensonhurst Center for Rehabilitation & Healthcare | |
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