336 Starr Street LLC v. Norguard Insurance Company
| 336 Starr Street LLC |
| Norguard Insurance Company |
| 1:2022cv06851 |
| November 9, 2022 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Peggy Kuo |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 7 Letter by 336 Starr Street LLC (Coen, Seth) |
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on January 31, 2023 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By January 25, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 11/28/2022. (RO)
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ORDER: The #5 Letter identifies only the citizenship of Defendant Norguard Insurance Company. By November 28, 2022, Plaintiff must file a letter that identifies all members of 336 Starr Street LLC and the citizenship of each member so that the Court can determine whether there is complete diversity of citizenship and federal jurisdiction pursuant to 28 U.S.C. 1332. An LLC's citizenship is determined by the citizenship of all of its individual members. See WBCMT 2007-C33 NY Living, LLC v. 1145 Clay Ave. Owner, LLC, 964 F. Supp. 2d 265, 267 (S.D.N.Y. 2013); Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 5152 (2d Cir. 2000). Ordered by Magistrate Judge Peggy Kuo on 11/22/2022. (JR)
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| Filing 5 Letter to Judge Kuo re diversity of LLC members by Norguard Insurance Company (DeRosa, Michael) |
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ORDER: By November 23, 2022, the parties are directed to file a letter identifying all members of the LLC entity and the citizenship of each member, so that the Court can determine whether there is complete diversity of citizenship and federal jurisdiction pursuant to 28 U.S.C. 1332. Ordered by Magistrate Judge Peggy Kuo on 11/16/2022. (JR)
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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. (KD) |
| 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. (KD) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Peggy Kuo. 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 2 AFFIDAVIT of Service for Affidavit of Service served on Plaintiff and EDNY on 11/09/2022, filed by Norguard Insurance Company. (DeRosa, Michael) |
| Filing 1 NOTICE OF REMOVAL by Norguard Insurance Company from Kings County Supreme Court, case number 524966/2022. ( Filing fee $ 402 receipt number ANYEDC-16123429) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Summons with Notice, #3 Exhibit B Notice of Filing of Notice of Removal) (DeRosa, Michael) |
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| Plaintiff: 336 Starr Street LLC | |
| Represented By: | Seth E. Coen |
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| Defendant: Norguard Insurance Company | |
| Represented By: | Michael DeRosa |
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