Capeci et al v. Seven Corners Inc.
| Barbara Capeci and Gerald Capeci |
| Seven Corners Inc. |
| 1:2022cv06644 |
| October 31, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Peggy Kuo |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.
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Filing 8
ORDER: For the reasons stated in the attached Memorandum and Order, plaintiffs complaint is dismissed without prejudice. Plaintiffs may file an amended complaint by 12/28/22 to cure the deficiencies identified in the attached Memorandum and Order. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to plaintiffs. Ordered by Judge Rachel P. Kovner on 11/28/22. (NCM)
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| Filing 7 Letter from Gerald Capeci to Judge Kovner dated 11/19/2022 re: Notice of service filing. (IH) |
| Filing 6 Pro Se Consent to Electronic Notification by Gerald Capeci (IH) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Gerald Capeci (IH) |
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ORDER TO SHOW CAUSE: Plaintiffs assert diversity jurisdiction in their #1 complaint. A federal court has diversity jurisdiction when plaintiffs and defendants are of diverse citizenship and the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 28 U.S.C. 1332(a). As the party asserting federal jurisdiction, plaintiffs bear the burden of establishing jurisdiction by proving that it appears to a reasonable probability that the claim is in excess of [$75,000]. United Food & Commercial Workers Union v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 303-04 (2d Cir. 1994). The #1 complaint asserts that plaintiffs claim meets the $75,000 amount-in-controversy requirement because plaintiffs suffered $1775.34 in compensatory damages from defendants alleged breach of contract, and because they seek reimbursement for [t]he costs to prepare, file, and serve this lawsuit, and seek punitive damages of $75,000 for defendants[] arrogance in ignoring its ethical and legal obligations to reimburse plaintiffs. #1 Compl. 56. However, [g]enerally, punitive damages are not available in contract disputes, TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 88 (2d Cir. 2005), and the amount-in-controversy calculation is exclusive of interests and costs, 28 U.S.C. 1332(a). Even were punitive damages available, it is not evident how all damages could exceed $75,000 because few awards exceeding a single-digit ratio between punitive and compensatory damages... will satisfy due process. State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 425 (2003).Plaintiffs are directed to file a letter by 11/18/22 showing cause why this matter should not be dismissed for lack of federal subject matter jurisdiction. Ordered by Judge Rachel P. Kovner on 11/7/22. (NCM)
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| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Filing 3 FILING FEE: $ 402.00, receipt number 100002630 Processed on 11/02/2022 (SR) |
| Filing 1 COMPLAINT against All Defendants, filed by Barbara Capeci, Gerald Capeci. (Attachments: #1 Civil Cover Sheet) (SR) |
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