Squared Funding Cali LLC v. Henderson et al
| Squared Funding Cali LLC |
| Ronald F Henderson and Varaluz LLC |
| 1:2024cv00454 |
| January 22, 2024 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Defendant |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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ORDER RE: FAILURE TO COMPLY -- By Electronic order issued on March 4, 2024, Defendants were directed to answer the complaint and reply to Plaintiff's opposition to Defendants' motion to consolidate by March 8, 2024. While Defendants answered the complaint, to date, Defendants neither have filed a reply nor sought an extension of the deadline. Accordingly, Defendants shall file a reply by no later than MARCH 25, 2024 or their opportunity to do so will be deemed waived. SO ORDERED by Judge Dora Lizette Irizarry on 3/20/2024. (CC)
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| Filing 13 ANSWER to Complaint by Ronald F Henderson, Varaluz LLC. (Kasell, David) |
| Filing 12 NOTICE of Appearance by Steven William Wells on behalf of Squared Funding Cali LLC (aty to be noticed) (Wells, Steven) |
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ORDER - Attorney Steven W. Wells has filed documents on behalf of defendants in this case, but has not filed a notice of appearance. See, e.g., Corp. Discl. Statement o/b/o Squared Funding Cali LLC., Dkt. Entry No. #9 . No attorney or other person may file anything on behalf of a party without being an attorney duly admitted to this Court and a Notice of Appearance is filed properly. Accordingly, BY NO LATER THAN MARCH 7, 2024, Mr. Wells shall file a notice of appearance or desist from filing anything in this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/4/2024. (Irizarry, Dora)
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ORDER re #11 Plaintiff's Opp'n to Motion to Consolidate -- Defendants shall reply to Plaintiff's Opposition to Defendant's motion to consolidate by NO LATER THAN MARCH 8, 2024. The parties are reminded that they must forward to chambers one hard single sided courtesy copy of their filings immediately upon filing.In addition, to date, defendants have not answered or otherwise moved against the complaint. Their motion to consolidate this action with two other actions pending before other judges of this Court does not relinquish them of their obligation to answer the complaint. Defendants' Notice of Removal states that the complaint was filed in state court on December 22, 2023 and Defendants removed the action to this Court on January 22, 2024. As such, Defendants presumably were served at some point in between those two dates, but Defendants' papers do not specify when. Nonetheless,there is no question that more that 21 days have expired since Defendants received notice of this action and they have failed to answer the complaint. Defendants also shall file an answer to the complain or otherwise move against it by March 8, 2024. SO ORDERED by Judge Dora Lizette Irizarry on 3/4/2024. (Irizarry, Dora)
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| Filing 11 Letter pursuant to the Court's February 21, 2024 Order to oppose the motion to consolidate by Squared Funding Cali LLC (Parsons, William) |
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ORDER re #7 Defendants' MOTION to Consolidate Cases Kalamata Capital Group LLC v. Varaluz LLC et al., 24-cv-445 (NCM)(RML), Squared Funding Cali LLC v. Varaluz LLC et al., 24-cv-0454 (DLI)(VMS), Meged Funding Group Corp. v. Varaluz LLC et al., 24-cv-0863 (DG)(TAM) -- Plaintiff shall respond to Defendants' motion to consolidate purportedly related cases BY NO LATER THAN FEBRUARY 28, 2024. The parties are reminded to forward to chambers a single sided hard courtesy copy of their filings immediately upon filing. SO ORDERED by Judge Dora Lizette Irizarry on 2/21/2024. (Irizarry, Dora)
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ORDER re #10 Corporate Disclosure Statement filed by Varaluz LLC, Ronald F Henderson, #9 Corporate Disclosure Statement filed by Squared Funding Cali LLC -- The Court acknowledges that the parties now have filed proper Rule 7.1 Disclosure Statements. So Ordered by Judge Dora Lizette Irizarry on 2/20/2024. (CC)
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| Filing 10 Corporate Disclosure Statement by Ronald F Henderson, Varaluz LLC (Kasell, David) |
| Filing 9 Corporate Disclosure Statement by Squared Funding Cali LLC (Wells, Steven) |
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ORDER re Failure to Comply -- Just yesterday, by Electronic Order, this Court explicitly admonished both Plaintiff and Defendant Varaluz LLC that they "must allege the identity and citizenship of their members." See, Sixto v. Both Trucking LLC, 2022 WL 1124824, at *1 (E.D.N.Y. Apr. 14, 2022) (emphasis added). However, Varaluz's Rule 7.1 statement filed yesterday does not identify its members or their citizenship. Dkt. Entry No. #8 . Instead, it simply notes that Varaluz has "three members... [that] reside in the state of Nevada." Id. (emphasis added). Additionally, "an individual's citizenship for diversity purposes is determined by his or her domicile, not his or her residence." Century Metal Recycling, Pvt. Ltd. v. Dacon Logistics, LLC, 2013 WL 5929816, at *2 (D. CT. Nov. 4, 2013) (citing Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). Varaluz's counsel is admonished for failing to comply with this Court's Order. Varaluz LLC is hereby ORDERED to file a properly executed Rule 7.1 statement by NO LATER THAN FEBRUARY 20, 2024 or it may face sanctions for failure to comply. SO ORDERED by Judge Dora Lizette Irizarry on 2/15/2024. (CC)
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| Filing 8 Corporate Disclosure Statement by Ronald F Henderson, Varaluz LLC (Kasell, David) |
| Filing 7 MOTION to Consolidate Cases Kalamata Capital Group LLC v. Varaluz LLC et al., 24 Civ. 445 (NCM) (RML) Squared Funding Cali LLC v. Varaluz LLC et al., 24 Civ. 0454 (DLI) (VMS) Meged Funding Group Corp. v. Varaluz LLC et al., 24 Civ. 0863 (DG) (TAM) by Ronald F Henderson, Varaluz LLC. (Kasell, David) |
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ORDER re Failure to Comply -- On January 22, 2024, Varaluz LLC and Ronald F. Henderson ("Defendants") removed the instant action to this Court from state court invoking its subject matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. None of the parties have filed disclosure statements pursuant to Fed. R. Civ. P. 7.1(a)(2)(A), which states 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[.]"Varaluz and Square Funding Cali are Limited Liability Companies ("LLCs"). As such, their citizenship is attributed to and must be alleged as to each one of their members. Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Thus, to satisfy the diversity requirement, "[t]he rule is simple: to sue or remove a case involving a limited liability company, a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Sixto v. Both Trucking LLC, 2022 WL 1124824, at *1 (E.D.N.Y. Apr. 14, 2022).Counsel are admonished for failing to familiarize themselves with and abide by the well established precedent of this Circuit and the Federal Rules of Civil Procedure. Accordingly, by NO LATER THAN February 20, 2024, all parties shall file a properly executed Rule 7.1 statement consistent with this Electronic Order. SO ORDERED by Judge Dora Lizette Irizarry on 2/14/2024. (CC)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 4 Civil Cover Sheet.. by Ronald F Henderson, Varaluz LLC (Kasell, David) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. 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) |
| Both an email(dkasellesq@gmail.com) and voicemail(718-404-6668 ) message has been left with Attorney David Michael Kasell in regard to the needed Civil Cover Sheet for processing of this case. He has been advised that the case will be administratively closed if the completed for in not received by the 30th day of the filing date of this case. (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) |
| FINAL NOTICE! : The Clerks Office is awaiting the completed Civil Cover Sheet so that this case may be processed. If the requested documents are not filed within 30 days of the filing date, This case will be administratively closed. (KD) |
| Filing 3 NOTICE of Appearance by William Parsons on behalf of Squared Funding Cali LLC (aty to be noticed) (Parsons, William) |
| Filing 2 Civil Cover Sheet.. by Ronald F Henderson, Varaluz LLC (Kasell, David) |
| FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE Civil Cover Sheet. The Second Page of the form that has been uploaded is COMPLETELY BLANK! This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court, Kings County, case number 537502/2023. ( Filing fee $ 405 receipt number ANYEDC-17485476) (Attachments: #1 Exhibit State Court Summons and Complaint) (Kasell, David) |
| 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. (CV) |
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