Ogu v. Fillie et al
| Godwin Ogu |
| Michael Anthony Fillie and Mitlitsky Eggs LLC |
| 1:2022cv06824 |
| November 8, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Cheryl L Pollak |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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| Filing 8 SUMMONS Returned Executed by Godwin Ogu. Michael Anthony Fillie served on 11/29/2022, answer due 12/20/2022; Mitlitsky Eggs LLC served on 11/22/2022, answer due 12/13/2022. (Attachments: #1 Affidavit of Service Mitlisky Eggs, LLC) (Garber, Greg) |
Filing 7
SCHEDULING ORDER: An Initial Conference is set for 1/20/2023 @ 12:15 PM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 12:15 PM. Enter Access code: 380-1746 and security code: 22-6824. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/20/2022. (DC)
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| Filing 6 ANSWER to #1 Complaint, by Michael Anthony Fillie, Mitlitsky Eggs LLC. (Mercurio, Eric) |
| Filing 5 Letter by Godwin Ogu (Garber, Greg) |
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ORDER: The Court has reviewed plaintiffs #5 letter responding to the Courts Order to Show Cause dated 11/17/22. Considering plaintiffs representations, the Order to Show Cause dated 11/17/22 is discharged. Ordered by Judge Rachel P. Kovner on 11/18/22. (NCM)
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ORDER TO SHOW CAUSE: Plaintiff asserts diversity jurisdiction under 28 U.S.C. 1332 against defendants Michael Anthony Fillie and Mitlitsky Eggs LLC. See Compl. (Dkt. #1) 1. However, the #1 complaint does not identify the members of defendant Miltlitsky Eggs LLC, nor does it allege their citizenships. Id. 1-10.The plaintiff bears the burden of proving subject matter jurisdiction by a preponderance of the evidence. Aurecchione v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir. 2005) (citation omitted). For subject matter jurisdiction based on diversity 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) (quotation marks 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). In pleading an LLCs citizenship, the identity and citizenship of each member has to be specifically alleged... [meaning] a plaintiff must allege the identity and citizenship of [an LLCs] members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC. United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020) (collecting cases). Plaintiff must file a letter identifying all members of defendant Miltlitsky Eggs LLC and their citizenships by 11/23/22. Otherwise, the case shall be dismissed for lack of subject matter jurisdiction. See, e.g., DeVito Verdi, Inc. v. Legal Sea Foods, Inc., No. 21-CV-1007 (MKV), 2021 WL 1600088, at *2 (S.D.N.Y. Apr. 23, 2021) (dismissing the case for lack of subject matter jurisdiction because plaintiff failed to plead diversity jurisdiction when it failed to allege the citizenship of the members of the LLC defendant). Ordered by Judge Rachel P. Kovner on 11/17/22. (NCM)
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| Filing 4 Summons Issued as to Michael Anthony Fillie, Mitlitsky Eggs LLC. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. 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. (KD) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16121309 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Godwin Ogu. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Garber, Greg) |
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