Central Construction Management, LLC. v. Hiscox Insurance Company Inc.
| Central Construction Management and Central Construction Management, LLC |
| Hiscox Insurance Company Inc. |
| 1:2023cv08867 |
| December 1, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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ORDER: The motion for extension of time to complete discovery #17 is granted. The parties shall file an amended Rule 26(f) Report--reflecting a 2 week extension for each deadline--by 2/5/2024. The parties should indicate in a letter along with the amended Rule 26(f) Report whether they jointly consent to magistrate judge jurisdiction for the entirety of the case. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/29/2024. (AL)
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| Filing 17 Joint MOTION for Extension of Time to Complete Discovery And Letter Regarding Potential Stay by Hiscox Insurance Company Inc.. (Kandel, Elan) |
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A telephonic-initial conference was held on 1/12/2024. Plaintiff's counsel (James M. Haddad) and Defendant's counsel ( Elan Kandel and James M. Young) were present. As discussed on the record the parties shall file a letter by 1/26/2024, advising the Court whether this action shall be stay pending the underlined action. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/12/2024. (AT&T Log #12:36-12:59.) (EM)
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| Filing 16 Letter Reply re Motion to Remand by Hiscox Insurance Company Inc. (Kandel, Elan) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting (Kandel, Elan) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Central Construction Management, LLC (Haddad, James) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Central Construction Management, LLC (Haddad, James) |
| Filing 12 Letter Response Re Motion to Remand by Hiscox Insurance Company Inc. (Attachments: #1 Kania Declaration, #2 Hiscox Website Info, #3 IL Dept of Ins Info, #4 NY Dept of Financial Svcs Info) (Kandel, Elan) |
| Filing 11 NOTICE of Appearance by James Michael Young on behalf of Hiscox Insurance Company Inc. (notification declined or already on case) (Young, James) |
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ORDER: The motion for leave to appear pro hac vice #10 by attorney James Michael Young is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/19/2023. (AL)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17388013 by Hiscox Insurance Company Inc.. (Attachments: #1 Supplement Certificate of Good Standing, #2 Affidavit PHV Affidavit) (Young, James) |
| Filing 9 Letter to Magistrate Judge requesting pre-motion conference re subject matter jurisdiction by Central Construction Management LLC (Haddad, James) |
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ORDER TO SHOW CAUSE: Defendant is ordered to show cause by 1/5/2024 why this case should not be remanded for lack of subject matter jurisdiction. Defendant removed this case from state court on 12/1/2023. (Notice of Removal dated Dec. 1, 2023, Dkt. No. #1 ). Defendant alleges this Court has diversity jurisdiction under 28 U.S.C. 1332(a) because the amount in controversy exceeds $75,000 and the parties are diverse. (Id. paras. 5-7). "The party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Advani Enters., Inc. v. Underwriters at Lloyds, 140 F.3d 157, 160 (2d Cir. 1998).Section 1332(a) requires complete diversity among the plaintiffs and defendants for a federal court to exercise diversity jurisdiction. Herrick Co. v. SCS Commcns, Inc., 251 F.3d 315, 322 (2d Cir. 2001) ([D]iversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships.). "That party must allege a proper basis for jurisdiction in his pleadings and must support those allegations with competent proof if a party opposing jurisdiction properly challenges those allegations or if the court sua sponte raises the question." Linardos v. Fortuna, 157 F.3d 945, 947 (2d Cir. 1998) (citations and quotations omitted). For the purposes of diversity, a corporation's citizenship "is determined by its place of incorporation or its principal place of business[.]" United Food & Com. Workers Union, Loc. 919 v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 302 (2d Cir. 1994). And a limited liability company takes the citizenship of each of its members. Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012).In its Rule 7.1 disclosure statement, Defendant alleges that it is a corporation, incorporated in Illinois, "with its principal place of business in Illinois," and thus, it is a citizen of Illinois for diversity purposes. (Def.'s Corporate Disclosure Statement dated Dec. 11, 2023, Dkt. No. #6 ). In its own Rule 7.1 statement, Plaintiff alleges that it is a limited liability company, with its sole two members as citizens of New York, meaning its citizenship for diversity purposes rests in New York. (Pl.'s Rule 7.1 Disclosure Am. dated Dec. 14, 2023, Dkt. No. #8 ). However, Plaintiff alleges that Defendant's principal place of business is actually New York, which would defeat diversity. (Letter dated Dec. 15, 2023, Dkt. No. #9 ). In support of its argument, Plaintiff cites the location of several of Defendant's chief officers, as well as citations from industry journals, articles, and Defendant's own website that identify New York as Defendant's "headquarters." (Id. at 2).As a result, the Court is unable to conclude whether it possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a). By 1/5/2024, Defendant shall show cause in a letter why this action should not be remanded for lack of jurisdiction. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/15/2023. (AL)
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| Filing 8 Corporate Disclosure Statement by Central Construction Management LLC (Haddad, James) |
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ORDER: Plaintiff's Rule 7.1 disclosure statement #7 is non-compliant, since it fails to list the names and citizenship of the members of the LLC. That requirement is not affected by the fact that the LLC is privately held. A compliant Rule 7.1 statement must be filed by 12/21/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/14/2023. (AL)
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| Filing 7 Corporate Disclosure Statement by Central Construction Management LLC. (Haddad, James) |
| Filing 6 Corporate Disclosure Statement by Hiscox Insurance Company Inc. identifying Corporate Parent ALTOHA, Inc., Corporate Parent Hiscox Ltd. for Hiscox Insurance Company Inc.. (Kandel, Elan) |
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Filing 5
SCHEDULING ORDER: A telephonic initial conference will be held at 12:30 P.M. on 1/12/2024 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 1/09/2024. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2023. (EM)
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ORDER: The parties are reminded to file the required Rule 7.1 disclosure statements, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. The newly amended Rule 7.1, which became effective on December 1, 2022, provides: "In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must...file a disclosure statement." Fed. R. Civ. P. 7.1(a)(2). "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[.]" Id. Failure to file the required disclosure statement by 12/15/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/8/2023. (AL)
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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. (AF) |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| 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. (AF) |
| Case Assigned to Magistrate Judge Sanket J. Bulsara. 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. (AF) |
| Filing 2 Civil Cover Sheet.. by Hiscox Insurance Company Inc. (Kandel, Elan) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (AF) |
| Filing 1 NOTICE OF REMOVAL by Hiscox Insurance Company Inc. from Supreme Court of New York, Queens County, case number 719210/2023. ( Filing fee $ 405 receipt number ANYEDC-17337595) (Attachments: #1 Exhibit Ex A-Summons and Complaint, #2 Exhibit Ex B-Acknowledgment of Service, #3 Exhibit Ex C-Docket and Filings, #4 Exhibit Ex D-Declaration of Michael Franklin, #5 Exhibit Ex E-Policy, #6 Exhibit Ex F-Underlying Complaint) (Kandel, Elan) |
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