Zhang et al v. Xia et al
| Bishou Zhang and Bishou Zhang, as a member of Golden Sparkling LLC and as a Shareholder of New Golden Sparkling Supermarket Inc. |
| Xiangyang Xia, Golden Sparkling, LLC, New Golden Sparkling Supermarket Inc., Golden Sparkling NY LLC and Yu Yan Cai |
| 1:2023cv02787 |
| April 13, 2023 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Allyne R Ross |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 Diversity - Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 9
AMENDED Summons Issued as to Yu Yan Cai, Golden Sparkling NY LLC, Golden Sparkling, LLC, New Golden Sparkling Supermarket Inc., New Golden Sparkling Supermarket Inc., Xiangyang Xia. (RG)
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Filing 8
AMENDED COMPLAINT and Amended Summons against Yu Yan Cai, Golden Sparkling NY LLC, New Golden Sparkling Supermarket Inc., New Golden Sparkling Supermarket Inc., Xiangyang Xia, filed by Bishou Zhang. (Attachments: #1 Proposed Summons Amended Summons) (Zou, William)
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ORDER granting #7 : The Court deems its 05/05/2023 Order to Show Cause satisfied because Plaintiff's proposed amended complaint sufficiently pleads jurisdiction as to the LLC defendants and removes "Golden Sparkling, LLC" (of which Plaintiff is a member) as a defendant. The proposed amended complaint thus sufficiently pleads diversity jurisdiction. However, the proposed amended complaint incorrectly identifies Defendant Yu Yan Cai as "Plaintiff." (See ECF No. 7-1 at 4 para. 3.) Plaintiff shall correct this error and file the amended complaint and proposed summons as separate docket entries by 06/09/2023 and serve Defendants named in the Amended Complaint by 07/13/2023. So Ordered by Magistrate Judge Marcia M. Henry on 06/05/2023. (MY)
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Filing 7
RESPONSE TO ORDER TO SHOW CAUSE by Bishou Zhang, Bishou Zhang, as a member of Golden Sparkling LLC and as a Shareholder of New Golden Sparkling Supermarket Inc. (Attachments: #1 Exhibit Proposed Amended Summons and First Amended Complaint) (Zou, William)
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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 "the Plaintiff and the Defendants are citizens of different States and the matter in controversy exceeds the sum of $75,000.00." (Compl., ECF No. 1 para. 10.) For the LLC defendants (Golden Sparkling, LLC, and Golden Sparkling NY LLC), the Complaint alleges that they are citizens of the states in which they were formed and have their principal places of business (Florida and New York, respectively). (See id. paras. 3, 5.) These allegations do not establish the LLC Defendants' citizenship because a limited liability company takes the citizenship of each of its members. See Bayerische Landesbank, N.Y. Branch v. Aladdin Cap. 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 each LLC defendant 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 no allegations as to identity or citizenship of LLC defendant's members where complaint only alleged where LLC defendant was organized). Accordingly, by 05/25/2023, 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 the citizenship of both LLC defendants and supporting legal authority. So Ordered by Magistrate Judge Marcia M. Henry on 05/05/2023. (MY)
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Filing 6
Summons Issued as to Yu Yan Cai. (RG)
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Filing 5
Proposed Summons. Re Docket Annotation, #1 Complaint, by Bishou Zhang, Bishou Zhang, as a member of Golden Sparkling LLC and as a Shareholder of New Golden Sparkling Supermarket Inc. (Zou, William)
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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. (SR)
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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)
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Filing 2
Summons Issued as to Golden Sparkling NY LLC, Golden Sparkling, LLC, New Golden Sparkling Supermarket Inc., New Golden Sparkling Supermarket Inc., Xiangyang Xia. (SR)
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***No Summons Submitted for Issuance for: Yu Yan Cai*** (SR)
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Case Assigned to Judge Allyne R. Ross 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)
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Filing 1
COMPLAINT against All Plaintiffs filing fee $ 402, receipt number ANYEDC-16598187 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Bishou Zhang, as a member of Golden Sparkling LLC and as a Shareholder of New Golden Sparkling Supermarket Inc., Bishou Zhang. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Zou, William)
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