Midvale Indemnity Company et al v. 227 PPW, LLC et al
| Midvale Indemnity Company and Union Mutual Fire Insurance Company |
| 227 PPW, LLC and Anthony Pratt |
| Windsor Shoes Corporation |
| 1:2023cv02285 |
| March 24, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Dora Lizette Irizarry |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
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Filing 18
SCHEDULING ORDER: An in-person initial conference will be held on 6/12/2023 at 10:30 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 6/9/2023. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 5/22/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 17 ANSWER to #1 Complaint,,, , CROSSCLAIM against Windsor Shoes Corporation, COUNTERCLAIM against Midvale Indemnity Company by Union Mutual Fire Insurance Company, 227 PPW, LLC. (Attachments: #1 Exhibit A -- Lease between 227 PPW LLC and Windsor Shore Corp.) (Levine, Melissa) |
| Filing 16 SUMMONS Returned Executed by Midvale Indemnity Company. Anthony Pratt served on 4/18/2023, answer due 5/9/2023. (Cosgrove, Robert) |
| Filing 15 SUMMONS Returned Executed by Midvale Indemnity Company. Union Mutual Fire Insurance Company served on 4/6/2023, answer due 5/19/2023. (Cosgrove, Robert) |
| Filing 14 SUMMONS Returned Executed by Midvale Indemnity Company. Windsor Shoes Corporation served on 4/5/2023, answer due 4/26/2023. (Cosgrove, Robert) |
| Filing 13 Corporate Disclosure Statement by 227 PPW, LLC (Levine, Melissa) |
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ORDER STRIKING #11 Notice(Other) filed by 227 PPW, LLC -- As an initial matter, Defendant should have filed it's "Notice" as a "Corporate Disclosure" Pursuant to Fed. R. Civ. P. 7.1. Most importantly, this Corporate Disclosure is inadequate and fails to comply with Fed. R. Civ. P. 7.1 as it fails to identify Defendant 227 PPW, LLC's citizenship. It is well established that, for purposes of establishing diversity jurisdiction, an LCC's citizenship is determined by the citizenship of all its members. See, Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). While Defendant 227 PPW, LLC's disclosure provides that it is a New York State limited liability company ("LLC") owned by a single member, the disclosure fails to identify the citizenship of the sole member. As the Court explained to the parties in its April 17, 2023 Order, Fed. R. Civ. P. 7.1(a)(2) requires that "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party must... file a disclosure statement" which must name and identify the citizenship of "every individual or entity whose citizenship is attributed to that party" when the action is filed in federal court. See, Electronic Order dated April 17, 2023. Again, Defendant 227 PPW, LLC is admonished for failing to familiarize itself with the federal rules. Accordingly, BY NO LATER THAN APRIL 26, 2023, Defendant 227 PPW, LLC shall file a proper corporate disclosure. Failure to do so may result in the imposition of sanctions. SO ORDERED by Judge Dora Lizette Irizarry on 4/21/2023. Ordered by Judge Dora Lizette Irizarry on 4/21/2023. (Irizarry, Dora)
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| Filing 12 NOTICE of Appearance by Jeffrey B. Gold on behalf of 227 PPW, LLC, Union Mutual Fire Insurance Company (aty to be noticed) (Gold, Jeffrey) |
| Filing 11 NOTICE by 227 PPW, LLC re Order,,,,, Rule 7.1 Statement (Levine, Melissa) |
| Filing 10 NOTICE by Union Mutual Fire Insurance Company re Order,,,,, Rule 7.1 Statement (Levine, Melissa) |
| Filing 9 Corporate Disclosure Statement by Midvale Indemnity Company identifying Corporate Parent Midvale Indemnity Company, Other Affiliate American Family Insurance Mutual Holding Company for Midvale Indemnity Company. (Cosgrove, Robert) |
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ORDER finding as moot/Duplicative #7 Motion for Extension of Time to Answer. Granting #8 Motion for Extension of Time to Answer. Defendants Union Mutual Fire Insurance Company and 227 PPW, LLC shall answer, move or otherwise respond to the complaint by 5/19/2023. Ordered by Magistrate Judge James R. Cho on 4/18/2023. (SG)
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| Filing 8 First MOTION for Extension of Time to File Answer re #1 Complaint,,, by Union Mutual Fire Insurance Company. (Levine, Melissa) |
| Filing 7 First MOTION for Extension of Time to File Answer re #1 Complaint,,, by 227 PPW, LLC. (Levine, Melissa) |
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ORDER -- Plaintiff filed the instant action asserting this Court's subject matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. Under the recently enacted Federal Rule of Civil Procedure 7.1, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party must... file a disclosure statement" which must name and identify the citizenship of "every individual or entity whose citizenship is attributed to that party" when the action is filed in federal court. See, Fed. R. Civ. P. 7.1(a)(2). Here, Plaintiff failed to comply with this rule because it has not filed a corporate disclosure statement. Similarly, Defendant Union Mutual Fire Insurance Company and Defendant 227 PPW, LCC, having appeared before this Court, failed to file their requisite disclosures. See, Fed. R. Civ. P. 7.1(b) (requiring that a party "file the disclosure statement with its first appearance[.]"). The parties are admonished for failing to abide by the Federal Rules of Civil Procedure. Accordingly, by no later than Friday, April 21, 2023, the parties shall file to their corporate disclosure. Failure to do so may result in sanctions. SO ORDERED by Judge Dora Lizette Irizarry on 4/17/2023. (CC)
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| Filing 6 NOTICE of Appearance by Melissa Beth Levine on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Levine, Melissa) |
| Filing 5 NOTICE of Appearance by Melissa Beth Levine on behalf of 227 PPW, LLC (aty to be noticed) (Levine, Melissa) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Union Mutual Fire Insurance Company, #2 Windsor Shoes Corporation, #3 Anthony Pratt) (SR) |
| 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. (SR) |
| Filing 1 COMPLAINT against 227 PPW, LLC, Anthony Pratt, Union Mutual Fire Insurance Company, Windsor Shoes Corporation filing fee $ 402, receipt number ANYEDC-16533830 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Midvale Indemnity Company. (Attachments: #1 Exhibit A Policy, #2 Exhibit B Underlying Complaint, #3 Exhibit C Answer, #4 Exhibit D 227 PPW Answer, #5 Exhibit E Stip, #6 Exhibit F Lease, #7 Exhibit G Tender, #8 Exhibit H ROR, #9 Exhibit I Transcript, #10 Exhibit J Photos, #11 Exhibit K Ror, #12 Exhibit L DOD, #13 Civil Cover Sheet Civil Cover Sheet, #14 Proposed Summons Pratt, #15 Proposed Summons Union Mutual, #16 Proposed Summons Windsor Shoes, #17 Proposed Summons 227 PPW) (Cosgrove, Robert) |
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