Reddicks v. 38 Robin CT LLC et al
| Jason N. Reddicks |
| 38 Robin CT LLC, Steve Reddicks, Gloria Castro and Natasha Brizz |
| 1:2023cv02773 |
| April 13, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 SUMMONS Returned Executed by Jason N. Reddicks. 38 Robin CT LLC served on 4/17/2023, answer due 5/8/2023. (Eze, Chidi) |
ORDER re #5 : The Court has reviewed Plaintiff's submission in response to the Court's 04/19/2023 Order to Show Cause. Plaintiff erroneously cites the place of incorporation as proof of the LLC Defendant's citizenship, which the Court previously stated is insufficient. Plaintiff must plead the identity and citizenship of an LLC, proceeding up the chain of ownership until the citizenship of every individual or corporation with a direct or indirect interest in 38 Robin CT LLC is alleged. Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016) (allegation that an LLC "is a citizen of a different state" is deficient "because it contains no allegation as to the identity or citizenship" of the members); Mariano v. 61-63 Bond St. F & B, No. 22-CV-7189(DLI)(RML), 2023 WL 2329854, at *2 (E.D.N.Y. Mar. 2, 2023) (finding complaint devoid of allegations as to identity or citizenship of LLC defendant's members where it only alleged where LLC defendant was organized). However, the remaining information in Plaintiff's submission appropriately establishes the LLC Defendant's citizenship, and the Order to Show Cause is deemed satisfied. So Ordered by Magistrate Judge Marcia M. Henry on 04/28/2023. (MY)
|
| Filing 5 Letter in Response to Sua Sponte Order To Show Cause by Jason N. Reddicks (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Eze, Chidi) |
|
ORDER TO SHOW CAUSE re #1 : Pursuant to Fed. R. Civ. P. 12(h)(3), the Court must dismiss an action if it determines at any time that it lacks subject-matter jurisdiction. Further, this Court has an obligation to examine its subject-matter jurisdiction sua sponte. Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). Here, the Complaint does not properly allege this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332(a)(2). According to the Complaint, the Court has subject matter jurisdiction because this action, inter alia, is "a complete diversity action wherein the Plaintiff is a citizen of the United Kingdom (UK), the Defendants are Citizens of New York State, USA." (Compl., ECF No. 1 para. 2.) Specifically, the Complaint further alleges that Plaintiff "is a Citizen of and resides in the United Kingdom of Great Britain and Northern Island" while Defendant 38 Robin CT LLC ("38 Robin CT") "is a Limited Liability Corporation, registered to do business in the State of New York" while maintaining an office in New York. (Id. para. 5.) These allegations do not establish Defendant 38 Robin CT's citizenship because a limited liability company 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). Plaintiff must plead the identity and citizenship of an LLC, proceeding up the chain of ownership until the citizenship of every individual or corporation with a direct or indirect interest in 38 Robin CT is alleged. Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016) (allegation that an LLC "is a citizen of a different state" is deficient "because it contains no allegation as to the identity or citizenship" of the members); Mariano v. 61-63 Bond St. F & B, No. 22-CV-7189(DLI)(RML), 2023 WL 2329854, at *2 (E.D.N.Y. Mar. 2, 2023) (finding complaint devoid of allegations as to identity or citizenship of LLC defendant's members where it only alleged where LLC defendant was organized). Accordingly, by 05/03/2023, Plaintiff shall file a letter of no more than three (3) pages showing cause why this action should not be dismissed for lack of subject matter jurisdiction. The submission shall include relevant information regarding 38 Robin CT's citizenship and legal authority to support its position. So Ordered by Magistrate Judge Marcia M. Henry on 04/19/2023. (MY)
|
| 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. (SR) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Marcia M. Henry. 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 38 Robin CT LLC, Natasha Brizz, Gloria Castro, Steve Reddicks filing fee $ 402, receipt number ANYEDC-16597300 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jason N. Reddicks. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Eze, Chidi) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
