Venetian Islands LLC et al v. 409 Partners Inc. et al
| Venetian Islands LLC and Consolidated Industries LLC |
| 409 Partners Inc., 411 Partners Inc. and Slavko Marovic |
| 1:2023cv00521 |
| January 25, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Taryn A Merkl |
| Real Property: Foreclosure |
| 12 U.S.C. § 191 Bank Foreclosure |
| None |
Docket Report
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| Filing 14 AFFIDAVIT of Service for (i) the January 30, 2023 Order to Show Cause; (ii) the Amended Complaint; (iii) the Corporate Disclosure Statement dated February 21, 2023; (iv) Plaintiffs Response to the Order to Show Cause dated February 21, 2023; (v) Plaintiffs Status Report dated February 23, 2023; (vi) the Magistrate Judges Order dated February 24, 2023; and (vii) the Electronic Order entered on March 9, 2023 served on Defendants on March 9, 2023, filed by Consolidated Industries LLC, Venetian Islands LLC. (Weinreb, Alan) |
ORDER re #9 Plaintiffs' Response to Order to Show Cause --- Based upon Plaintiffs' response to the Order to Show Cause issued on January 30, 2023, the Court is satisfied that it has subject matter jurisdiction over this diversity action. See, Am. Compl., Dkt. Entry No. 7; Discl. Stmt., Dkt. Entry No. 8; Resp. to OTSC, Dkt. Entry No. 9. As Defendants have not appeared in this action, Plaintiffs are directed to serve copies of the following filings on Defendants within five days of the date of this Order and immediately thereafter file proof of service with the Court: (i) the January 30, 2023 Order to Show Cause; (ii) the Amended Complaint; (iii) the Corporate Disclosure Statement dated February 21, 2023; (iv) Plaintiffs' Response to the Order to Show Cause dated February 21, 2023; (v) Plaintiffs' Status Report dated February 23, 2023; (vi) the Magistrate Judge's Order dated February 24, 2023; and (vii) this Electronic Order.Plaintiffs are advised that they have a standing obligation to serve on Defendants who have not appeared in this action copies of all filings and file proof of service thereafter. SO ORDERED by Judge Dora Lizette Irizarry on 3/9/2023. (Irizarry, Dora)
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ORDER: The Court is in receipt of Plaintiffs' Status Report dated 2/23/2023 ( #13 ), indicating that Plaintiffs have entered into a forbearance agreement with Defendants until 5/15/2023. Plaintiff is respectfully directed to file a Notice of Voluntary Dismissal pursuant to FRCP 41(a)(1)(A)(i), or a joint status report, by 6/1/2023. The Defendants' answer deadline is temporarily adjourned sine die and will be reset in the event that the case is not resolved. Ordered by Magistrate Judge Taryn A. Merkl on 2/24/2023. (JF)
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| Filing 13 STATUS REPORT by Consolidated Industries LLC, Venetian Islands LLC (Weinreb, Alan) |
| Filing 12 SUMMONS Returned Executed by Venetian Islands LLC, Consolidated Industries LLC. Slavko Marovic served on 2/6/2023, answer due 2/27/2023. (Weinreb, Alan) |
| Filing 11 SUMMONS Returned Executed by Venetian Islands LLC, Consolidated Industries LLC. 411 Partners Inc. served on 2/3/2023, answer due 2/24/2023. (Weinreb, Alan) |
| Filing 10 SUMMONS Returned Executed by Venetian Islands LLC, Consolidated Industries LLC. 409 Partners Inc. served on 2/3/2023, answer due 2/24/2023. (Weinreb, Alan) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Consolidated Industries LLC, Venetian Islands LLC (Weinreb, Alan) |
| Filing 8 Corporate Disclosure Statement by Consolidated Industries LLC, Venetian Islands LLC (Weinreb, Alan) |
| Filing 7 AMENDED COMPLAINT against 409 Partners Inc., 411 Partners Inc., Slavko Marovic, filed by Venetian Islands LLC, Consolidated Industries LLC. (Attachments: #1 Exhibit A - Exhibit E) (Weinreb, Alan) |
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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 2/21/23 --- The Court has concerns that it may not have subject matter jurisdiction over this case that Plaintiffs filed on diversity jurisdiction grounds. See, Complaint ("Compl."), Dkt. Entry No. #1 , 8. Pursuant to 28 U.S.C. 1332(a), subject matter jurisdiction exists "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States."Here, the Complaint does not contain allegations sufficient to establish the citizenship of Plaintiff Venetian Islands LLC ("Plaintiff Venetian") or Plaintiff Consolidated Industries LLC ("Plaintiff Consolidated"), both of which are limited liability companies. See, Compl. 2, 3. A limited liability company ("LLC") takes the citizenship of each of its members. See, Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Thus, to establish the citizenship of an LLC, a litigant "must allege the citizenship of natural persons who are members of [the LLC]and the place of incorporation and principal place of business of any corporate entities who are members of the [LLC]." New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010). It is well established that "an individual's citizenship for diversity purposes is determined by his or her domicile, not his or her residence." Century Metal Recycling, Pvt. Ltd. v. Dacon Logistics, LLC, 2013 WL 5929816, at *2 (D. Conn. Nov. 4, 2013) (citing Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)). As to Plaintiff Venetian, it is alleged that its sole member, Yonel Devico, "is a citizen of the United States and resident of the State of Florida" and that "[f]or the purposes of diversity, Venetian Islands LLC is a citizen of Florida." Id. 2. As to Plaintiff Consolidated, it is alleged that its two members, Burton Zaunbrecher and Gregory Campo, "are each a citizen of the United States and resident of the State of Louisiana" and that "[f]or the purposes of diversity, Consolidated Industries is a citizen of the State of Louisiana." Id. 3. These allegations are insufficient. "Allegations of residency alone cannot establish citizenship." See, Canedy v. Liberty Mutual Ins. Co., 126 F.3d 100, 103 (2d Cir.1997)).Additionally, Plaintiffs' disclosure statement filed pursuant to Fed. R. Civ. P. 7.1 fails to comply with the recently enacted Fed. R. Civ. P. 7.1(a)(2) which states that "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party must, unless the court orders otherwise, file a disclosure statement" which "must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party" at the time the action is filed in federal court. See, Fed. R. Civ. P. 7.1(a)(2); Discl. Stmt, Dkt. Entry No. #2 . Furthermore, the rule requires that a party "file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court[.]" Fed. R. Civ. P. 7.1(b).For the reasons set forth in this Order, Plaintiffs are ORDERED TO SHOW CAUSE NO LATER THAN FEBRUARY 21, 2023 why this action should not be dismissed for lack of subject matter jurisdiction and shall file a disclosure statement in compliance with Fed. R. Civ. P. 7.1 by that same date. Plaintiffs are admonished to familiarize themselves with and adhere to the Federal Rules of Civil Procedure, the Local Rules of the Court, and the Individual Rules of the undersigned district judge. SO ORDERED by Judge Dora Lizette Irizarry on 1/30/2023. (CC)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 4 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Taryn A. Merkl. 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. (SR) |
| Filing 3 Proposed Summons.Civil Cover Sheet.. by Consolidated Industries LLC, Venetian Islands LLC (Attachments: #1 Civil Cover Sheet) (Weinreb, Alan) |
| Filing 2 Corporate Disclosure Statement by Consolidated Industries LLC, Venetian Islands LLC (Weinreb, Alan) |
| Filing 1 COMPLAINT against 409 Partners Inc., 411 Partners Inc., Slavko Marovic filing fee $ 402, receipt number ANYEDC-16341481 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Venetian Islands LLC, Consolidated Industries LLC. (Attachments: #1 Exhibit A - Exhibit E) (Weinreb, Alan) |
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