Scottsdale Insurance Company v. Cabbad Family Limited Liability Company et al
| Cabbad Family Limited Liability Company, Cordero Stephen and Stephen Cordero |
| Scottsdale Insurance Company |
| 1:2023cv03988 |
| May 30, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 NOTICE by Scottsdale Insurance Company re #19 Request for Certificate of Default, Withdrawal (Schapp, Jonathan) |
| Filing 21 NOTICE of Appearance by Brian T. McCarthy on behalf of Cabbad Family Limited Liability Company (notification declined or already on case) (McCarthy, Brian) |
| Filing 20 CABBAD FAMILY LIMITED LIABILITY COMPANY ANSWER to #7 Amended Complaint, of Plaintiff, SCOTTSDALE INSURANCE COMPANY, First COUNTERCLAIM against All Plaintiffs by Cabbad Family Limited Liability Company. (McCarthy, Brian) |
| Filing 19 Request for Certificate of Default by Scottsdale Insurance Company (Attachments: #1 Declaration in Support of Request for Clerk's Certificate of Entry of Default as against Cabbad Family Limited Liability Company, #2 Proposed Certificate of Default as to Cabbad Family Limited Liability Company) (Schapp, Jonathan) |
| Filing 18 RESPONSE to Motion re #15 Letter MOTION to Dismiss for Failure to State a Claim letter re no supplemental response filed by Scottsdale Insurance Company. (Schapp, Jonathan) |
ORDER re: #17 . Plaintiff is wrong to view Cordero's letter #15 as a request for a premotion conference. At the Initial Status Conference, the Court expressly gave Cordero leave to move to dismiss the amended complaint on the ground that it fails to state a claim against him. Cordero has moved. The docket says so as does his letter. The Court deems plaintiff's response to the letter as its opposition to the motion. Because plaintiff was confused, it can file supplemental opposition, if there is anything else to say, no later than 7/26/23. Ordered by Judge Brian M. Cogan on 7/21/2023. (PW)
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| Filing 17 RESPONSE to Motion re #15 Letter MOTION to Dismiss for Failure to State a Claim filed by Scottsdale Insurance Company. (Schapp, Jonathan) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Scottsdale Insurance Company (Schapp, Jonathan) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 7/13/2023. Counsel for plaintiff, Stephen Cordero, and two members of Cabbad Family LLC appeared by telephone. No appearance by Cabbad Family LLC. The Court ordered Cordero to file his motion to dismiss by 7/20/2023. Plaintiff was ordered to request a certificate of default for Cabbad Family LLC by 7/27/2023. (PW) |
| Filing 15 Letter MOTION to Dismiss for Failure to State a Claim by Stephen Cordero. (Rybak, Oleg) |
| Filing 14 NOTICE of Appearance by Brian T. McCarthy on behalf of Cabbad Family Limited Liability Company (aty to be noticed) (McCarthy, Brian) |
| Filing 13 Proposed Scheduling Order by Scottsdale Insurance Company (Schapp, Jonathan) |
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ORDER TO SHOW CAUSE. Plaintiff has still failed to properly allege the citizenship of the LLC defendant. See, e.g., Caren v. Collins, 689 F. App'x 75, 75 (2d Cir. 2017). It is given one more chance to show, by 7/14/23, why this action should not be dismissed for lack of subject matter jurisdiction. Litigators in federal court are supposed to know basic jurisdictional rules and it is not this Court's function to educate them. Even if the Court has subject matter jurisdiction of this action, it is not going to wait for the state court to decide proper ownership of the LLC. It is not this Court's concern, and, frankly, shouldn't be plaintiff's, about who is authorized to appear for the LLC. The LLC is presently in default and if the Court confirms its subject matter jurisdiction, plaintiff is either going to take the default or dismiss the LLC. Ordered by Judge Brian M. Cogan on 7/11/2023. (PW)
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| Filing 12 Letter Report by Scottsdale Insurance Company (Schapp, Jonathan) |
| Filing 11 SUMMONS Returned Executed by Scottsdale Insurance Company. Stephen Cordero served on 6/21/2023, answer due 7/12/2023. (Schapp, Jonathan) |
| Filing 10 SUMMONS Returned Executed by Scottsdale Insurance Company. Cabbad Family Limited Liability Company served on 6/13/2023, answer due 7/4/2023. (Schapp, Jonathan) |
| Filing 9 Letter MOTION to Adjourn Conference and Response to Order to Show Cause by Scottsdale Insurance Company. (Schapp, Jonathan) |
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Filing 8
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 6/13/2023 at 11:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 6/1/2023. (PW)
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| Filing 7 AMENDED COMPLAINT against Cabbad Family Limited Liability Company, Stephen Cordero, filed by Scottsdale Insurance Company. (Attachments: #1 Exhibit A (Policy), #2 Exhibit B (Underlying Complaint), #3 Exhibit C (1/10/23 letter coverage denial)) (Schapp, Jonathan) |
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ORDER granting #9 . Initial Status Conference adjourned to 7/13/2023 at 11:00 AM. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966# and are reminded that they must comply with the requirements for the initial conference at #8 . In light of the delay in filing an appropriate complaint, plaintiff should effect service quickly. Ordered by Judge Brian M. Cogan on 6/1/2023. (PW)
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| Filing 6 Summons Issued as to Cabbad Family Limited Liability Company, Stephen Cordero. (TPL) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (TPL) |
| Filing 4 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. (TPL) |
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ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by 6/7/23 why this case should not be dismissed for lack of subject matter jurisdiction, as it has failed to adequately allege the citizenship of the defendant LLC. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (citing Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); Flemming v. Port Auth. of N.Y. & N.J., No. 21-cv-1112, 2021 WL 878558, at *1 (E.D.N.Y. March 9, 2021); U.S. Liab. Ins. Co v. M Remodeling Corp., 444 F. Supp. 3d 408, 409-10 (E.D.N.Y. 2020). Ordered by Judge Brian M. Cogan on 5/31/2023. (PW)
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| Case Assigned to Judge Brian M. Cogan. 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. (TPL) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Scottsdale Insurance Company (Schapp, Jonathan) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Scottsdale Insurance Company (Schapp, Jonathan) |
| Filing 1 COMPLAINT against Cabbad Family Limited Liability Company, Cordero Stephen filing fee $ 402, receipt number ANYEDC-16745254 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Scottsdale Insurance Company. (Attachments: #1 Exhibit A (Policy), #2 Exhibit B (Underlying Complaint), #3 Exhibit C (1/10/23 letter coverage denial), #4 Civil Cover Sheet) (Schapp, Jonathan) |
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