D'Antonio v. The Stop & Shop Supermarket Company LLC
| Linda D'Antonio |
| The Stop & Shop Supermarket Company LLC |
| 1:2023cv04683 |
| June 23, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Dora Lizette Irizarry |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 Proposed Scheduling Order by Linda D'Antonio (Schachter, Stephanie) |
| Filing 15 AFFIDAVIT/AFFIRMATION of Service of Order dated 8-16-23 on defendant by Linda D'Antonio (Schachter, Stephanie) |
| Filing 14 AFFIDAVIT/AFFIRMATION of Service of Summons and Complaint by Linda D'Antonio (Schachter, Stephanie) |
| Incorrect entry deleted. (CC) |
ORDER re #11 NOTICE; #12 Corporate Disclosure Statement; and #13 First MOTION for Issuance of Letters Rogatory Removal Revision --- Based upon Defendant's response to the Order to Show Cause issued on August 2, 2023, this Court is satisfied that it has subject matter jurisdiction over this diversity action. See, Revised Notice, Dkt. Entry No. #11 ; Revised Discl. Stmt., Dkt. Entry No. #12 ; Def.'s OTSC Resp., Dkt. Entry No. #13 . SO ORDERED by Judge Dora Lizette Irizarry on 8/16/2023. (CC)
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| Filing 13 First MOTION for Issuance of Letters Rogatory Removal Revision by The Stop & Shop Supermarket Company LLC. (Shafeek, Sasha) |
| Filing 12 Corporate Disclosure Statement by The Stop & Shop Supermarket Company LLC identifying Corporate Parent Ahold Delhaize USA, Inc. for The Stop & Shop Supermarket Company LLC. (Shafeek, Sasha) |
| Filing 11 NOTICE by The Stop & Shop Supermarket Company LLC re #1 Notice of Removal, Amended (Attachments: #1 Exhibit A-Plaintiff's Summons & Complaint, #2 Exhibit B-Defendant's Answer, #3 Exhibit C-Pltf 3017 Demand, #4 Exhibit D-Notice of Removal from State Court) (Shafeek, Sasha) |
| Filing 10 Corporate Disclosure Statement by Linda D'Antonio (Schachter, Stephanie) |
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ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION --- ORDER TO SHOW CAUSE RESPONSE DUE 8/16/23 --- Defendant, a limited liability company ("LLC"), removed this action from the Supreme Court of the State of New York, Kings County, asserting this Court's diversity jurisdiction. Pursuant to 28 U.S.C. 1332(a), subject matter jurisdiction based on diversity exists "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States." While Defendant established that the amount in controversy exceeds $75,000, it has not established diversity of citizenship.An LLC 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). Thus, to establish the citizenship of an LLC, a litigant must "identify both the LLC's members and their citizenship," which includes alleging "the place of incorporation and principal place of business of any corporate entities who are members of [the LLC]." 136-61 Roosevelt LLC v. Starbucks Corp., 2021 WL 2779287 at *1 (EDNY July 2, 2021) (internal citations and quotation marks omitted); New Millennium Cap. Partners, III, LLC v. Juniper Grp. Inc., 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010).Here, Defendant has identified Ahold U.S.A., Inc. ("Ahold"), a corporation, as its sole member but has not provided allegations sufficient to establish Ahold's citizenship because Defendant only alleges that Ahold is "a Maryland corporation." See, Removal Notice, Dkt. Entry No. #1 , 4. It does not allege Ahold's principal place of business. Moreover, Defendant's disclosure statement made pursuant to the recently enacted Fed. R. Civ. P. 7.1(a)(2) alleges that Ahold is "a Delaware corporation." See, Discl. Stmt., Dkt. Entry No. #3 . This contradicts the allegation in the Removal Notice that Ahold is "a Maryland corporation" and also is insufficient to establish Ahold's citizenship. See, Removal Notice, 4. Accordingly, BY NO LATER THAN AUGUST 16, 2023, Defendants shall file a properly executed Rule 7.1 statement and show cause why this action should not be dismissed for lack of subject matter jurisdiction.Separately, Plaintiff has failed to file a disclosure statement in compliance with Fed. R. Civ. P. 7.1(a)(2). Significantly, a party must file such a disclosure statement "with its first appearance[.]" See, Fed. R. Civ. P. 7.1(b). Here, Plaintiff's counsel filed a notice of appearance ("NOA") but, to date, has not filed a disclosure statement. See, NOA, Dkt. Entry No. #8 . Thus, Plaintiff shall file a disclosure statement pursuant to Fed. R. Civ. P. 7.1(a)(2) BY NO LATER THAN AUGUST 9, 2023. SO ORDERED by Judge Dora Lizette Irizarry on 8/2/2023. (CC)
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Filing 9
SCHEDULING ORDER: A telephonic initial conference will be held on 8/24/2023 at 10:00 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later that 8/22/2023. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rule. Ordered by Magistrate Judge James R. Cho on 7/7/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 8 NOTICE of Appearance by Stephanie L Schachter on behalf of Linda D'Antonio (notification declined or already on case) (Schachter, Stephanie) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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) |
| 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) |
| 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. (SR) |
| Filing 5 NOTICE of Appearance by Bruce Anthony Torino on behalf of The Stop & Shop Supermarket Company LLC (aty to be noticed) (Torino, Bruce) |
| Filing 4 NOTICE of Appearance by Christine M. Capitolo on behalf of The Stop & Shop Supermarket Company LLC (aty to be noticed) (Capitolo, Christine) |
| Filing 3 Corporate Disclosure Statement by The Stop & Shop Supermarket Company LLC (Shafeek, Sasha) |
| Filing 2 Civil Cover Sheet.. by The Stop & Shop Supermarket Company LLC (Shafeek, Sasha) |
| Filing 1 NOTICE OF REMOVAL by The Stop & Shop Supermarket Company LLC from Supreme Court, Kings County, case number 506657/2023. ( Filing fee $ 402 receipt number ANYEDC-16825339) (Attachments: #1 Exhibit A-Plaintiff's Summons & Complaint, #2 Exhibit B-Defendant's Answer, #3 Exhibit C-Pltf 3017 Demand, #4 Exhibit D-Notice of Removal from State Court) (Shafeek, Sasha) |
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| Plaintiff: Linda D'Antonio | |
| Represented By: | Stephanie L Schachter |
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| Defendant: The Stop & Shop Supermarket Company LLC | |
| Represented By: | Bruce Anthony Torino |
| Represented By: | Christine M. Capitolo |
| Represented By: | Sasha Shafeek |
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