MSI Net, Inc. v. Souffrain
| MSI Net, Inc. |
| Juan Ernesto Souffrain |
| John Abi-Habab |
| 1:2023cv04626 |
| June 21, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Robert M Levy |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Appearance by Angad Bhai on behalf of Juan Ernesto Souffrain (aty to be noticed) (Bhai, Angad) |
| Filing 12 First MOTION for Extension of Time to File Answer re #8 Answer to Complaint (Notice of Removal),, Third Party Complaint,, Counterclaim, by John Abi-Habab, MSI Net, Inc.. (Muldoon, John) |
ORDER granting #12 Motion for Extension of Time until August 25, 2023 for MSI Parties to Answer. Ordered by Magistrate Judge Robert M. Levy on 7/26/2023. (JM)
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| Filing 11 NOTICE of Appearance by John Muldoon on behalf of John Abi-Habab, MSI Net, Inc. (aty to be noticed) (Muldoon, John) |
| Filing 10 Summons (THIRD PARTY) Issued as to John Abi-Habab. (ML) |
| Filing 9 Proposed Summons. Re #8 Answer to Complaint (Notice of Removal),, Third Party Complaint,, Counterclaim, by Juan Ernesto Souffrain (Graham, Darryl) |
| Filing 8 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses and, THIRD PARTY COMPLAINT against John Abi-Habab, COUNTERCLAIM against MSI Net, Inc., John Abi-Habab by Juan Ernesto Souffrain. (Graham, Darryl) |
| Filing 7 Corporate Disclosure Statement by MSI Net, Inc. (Geisler, Mordecai) |
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Order re #6 Corporate Disclosure -- Plaintiff failed to comply with the Court's Order that it file a corporate disclosure statement that complies with Fed. R. Civ. P. 7.1(a)(2)(A). Notably, the Court explained to Plaintiff that Fed. R. Civ. P. 7.1(a)(2)(A) requires that, in an action based upon a federal court's diversity jurisdiction under 28 U.S.C. 1332(a), a party must file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party. See, Electronic Order dated June 23, 2023. For purposes of determining citizenship, "a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). Nowhere in Plaintiff's corporate disclosure statement does Plaintiff identify where it is incorporated or its principal place of business. Plaintiff is admonished for failing to abide by this Court's order and the Federal Rules of Civil Procedure. Accordingly, BY NO LATER THAN WEDNESDAY, JULY 5, 2023, Plaintiff shall file a proper corporate disclosure statement or this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED by Judge Dora Lizette Irizarry on 6/27/2023. (CC)
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| Filing 6 Corporate Disclosure Statement by MSI Net, Inc. (Geisler, Mordecai) |
| Filing 5 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, to Complaint from June 28, 2023 (pursuant to Fed. R. Civ. P. 81(c)(2)(C)) to July 19, 2023 by Juan Ernesto Souffrain. (Graham, Darryl) |
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ORDER granting #5 Motion for Extension of Time to Answer re #5 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, to Complaint from June 28, 2023 (pursuant to Fed. R. Civ. P. 81(c)(2)(C)) to July 19, 2023 All Defendants. Ordered by Magistrate Judge Robert M. Levy on 6/23/2023. (AM)
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Order to File Corporate Disclosure Statement -- Defendant properly removed this action from state court by invoking the Court's diversity jurisdiction pursuant to 28 U.S.C. 1332(a). See, Notice of Removal, Dkt. Entry No. #1 at 3-5. While Plaintiff's counsel has appeared, Plaintiff failed to file a corporate disclosure statement. Notably, Fed. R. Civ. P. 7.1(a)(2)(A) provides that "in an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]" Accordingly, by no later than Friday, June 30, 2023, Plaintiff shall file a Rule 7.1 corporate disclosure statement. SO ORDERED by Judge Dora Lizette Irizarry on 6/23/2023. (CC)
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| Filing 4 NOTICE of Appearance by Justin Tyler Kelton on behalf of MSI Net, Inc. (aty to be noticed) (Kelton, Justin) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Robert M. Levy. 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Juan Ernesto Souffrain with Composite Exhibit A from New York Supreme Court, Kings County, case number 512232/2023. ( Filing fee $ 402 receipt number ANYEDC-16818500) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Graham, Darryl) |
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