Fashion World Jewelry Co Ltd v. MGD Brands, Inc. et al
| Fashion World Jewelry Co Ltd |
| XYZ Corp(s), 1-10, John and Jane Doe(s) 1-10, Arthur Damast and MGD Brands, Inc. |
| 2:2019cv01884 |
| April 2, 2019 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Anne Y Shields |
| Contract: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
| None |
Docket Report
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This docket was last retrieved on May 17, 2019. A more recent docket listing may be available from PACER.
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| Civil Case Terminated as directed by Chambers; Case closed. (Cubano, Jazmin) |
| Filing 7 NOTICE of Voluntary Dismissal by Fashion World Jewelry Co Ltd Withdrawing the Complaint Against All Defendants (Lipschutz, Efraim) |
ORDER re #6 Letter filed by Fashion World Jewelry Co Ltd : The application is granted to the extent that plaintiff shall file a response to the Court's Order to Show Cause on or before May 20, 2019. Ordered by Judge Denis R. Hurley on 5/8/2019. (Gapinski, Michele)
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| Filing 6 Letter to Judge, Re OSC by Fashion World Jewelry Co Ltd (Lipschutz, Efraim) |
| Filing 5 NOTICE of Appearance by Efraim S. Lipschutz on behalf of All Plaintiffs (notification declined or already on case) (Lipschutz, Efraim) |
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ORDER granting #3 Motion for Leave to Appear Pro Hac Vice: 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 s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 4/4/2019. (Minerva, Deanna)
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ORDER TO SHOW CAUSE : Plaintiff commenced this action asserting that this Court has jurisdiction pursuant to 28 U.S.C. 1332 because the parties are diverse in citizenship and the amount in controversy exceeds $75,000. Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants. Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117- 18 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)). The party asserting diversity jurisdiction has the burden to prove the same. Pennsylvania Pub. Sch. Employees' Ret. Sys., 772 F.3d at 118. "[D]iversity of citizenship should be distinctly and positively averred in the pleadings, or should appear with equal distinctness in other parts of the record[.]" Leveraged Leasing Admin. Corp. v. PacificCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (internal quotation marks omitted). "A conclusory allegation in the Complaint regarding diversity of citizenship does not extinguish the Court's responsibility to determine, on its own review of the pleadings, whether subject matter jurisdiction exists." Richmond v. International Bus. Machs. Corp., 919 F. Supp. 107, 108 (E.D.N.Y. 1996), aff'd, 841 F.2d 1116 (2d Cir. 1988). For the purpose of diversity jurisdiction, "a statement of the parties' residence is insufficient to establish their citizenship." Davis v. Cannick, 2015 WL 1954491, at *2 (E.D.N.Y. 2015); Young-Gibson v. Patel, 476 F. App'x 482, 483 (2d Cir. June 12, 2012)). For purposes of diversity jurisdiction, [an individuals] citizenship depends on his domicile. Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998). Accordingly, IT IS HEREBY ORDERED that plaintiff show cause in writing on or before April 25, 2019, why this action should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Denis R. Hurley on 4/4/2019. (Gapinski, Michele)
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| 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. (Cox, Dwayne) |
| Filing 3 MOTION to Appear Pro Hac Vice . Filing fee $150.00, receipt number 465313610 (Attachments: #1 Affidavit in Support) (Cox, Dwayne) Modified on 4/3/2019 to include filing fee information (Cox, Dwayne). |
| Filing 2 Summons Issued as to Arthur Damast, MGD Brands, Inc. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Fashion World Jewelry Co Ltd. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 4653138609 (Cox, Dwayne) |
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