Lyons v. Taco Inc. et al
| Rickman Lyons |
| Taco Inc. d/b/a IHOP and ABC Corporations |
| 1:2022cv06027 |
| October 7, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Dora Lizette Irizarry |
| Labor: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
| Plaintiff |
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| Civil Case Terminated pursuant to Electronic Order dated 10/26/2022. (ML) |
| Filing 7 AFFIDAVIT of Service for Order dated October 26, 2022 served on Defendant Taco Inc. d/b/a IHOP on October 28, 2022, filed by Rickman Lyons. (Lipsky, Douglas) |
ORDER re #6 Plaintiff's Status Report filed by Rickman Lyons -- Pursuant to 28 U.S.C. 1332(d)(2)(A), district courts have subject matter jurisdiction over class actions where the amount in controversy exceeds $5,000,000 and where "any member of a class of plaintiffs is a citizen of a State different from any defendant." Plaintiff concedes that diversity jurisdiction is lacking in this case. Accordingly, as this Court lacks subject matter jurisdiction, this action is dismissed, without prejudice. Plaintiff is directed to serve a copy of this Electronic Order on defendants within five days of the date of this Order and immediately thereafter file proof of such service with the Court. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 10/26/2022. (Irizarry, Dora)
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| Filing 6 STATUS REPORT by Rickman Lyons (Lipsky, Douglas) |
| Filing 5 SUMMONS Returned Executed by Rickman Lyons. Taco Inc. served on 10/20/2022, answer due 11/10/2022. (Lipsky, Douglas) |
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ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION -- ORDER TO SHOW CAUSE RESPONSE DUE 10/25/2022 -- The Court has concerns that it may not have subject matter jurisdiction over this Class Action Fairness Act ("CAFA") case. Pursuant to 28 U.S.C. 1332(d)(2)(A), district courts have subject matter jurisdiction over class actions where the amount in controversy exceeds $5,000,000 and where "any member of a class of plaintiffs is a citizen of a State different from any defendant." Here, the few facts that Plaintiff included concerning Defendants do not support CAFA's minimal diversity. See, Complaint ("Compl."), Dkt. Entry No. #1 at paragraphs 8-9. Furthermore, Plaintiff fails to plead any facts constituting a specification of damages sufficient to invoke the $5,000,000 threshold damages requirement for CAFA jurisdiction. Accordingly, Plaintiff is ordered to show cause that CAFA's minimal diversity and damages requirements are satisfied NO LATER THAN OCTOBER 25, 2022. Plaintiff may respond to this Order to Show Cause by filing an amended complaint that meets CAFA's requirements. SO ORDERED by Judge Dora Lizette Irizarry on 10/12/2022. (CC)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (PB) |
| 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. (PB) |
| Filing 2 Summons Issued as to Taco Inc.. (PB) |
| Filing 1 COMPLAINT against ABC Corporations, Taco Inc. filing fee $ 402, receipt number ANYEDC-16016911 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Rickman Lyons. (Attachments: #1 Proposed Summons to Taco Inc. d/b/a IHOP, #2 Civil Cover Sheet) (Lipsky, Douglas) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge James R. Cho. 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. (PB) |
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