Colonial Surety Company v. William G Prophy LLC et. al.
Colonial Surety Company |
WGP Contracting Inc., Shirley Proefriedt, William Proefriedt, 54 Penataquit Avenue LLC, William G Prophy LLC d/b/a WGP Contracting Inc., William G Prophy LLC and William G Prophy LLC doing business as WGP Contracting Inc. |
2:2020cv01730 |
April 7, 2020 |
US District Court for the Eastern District of New York |
Ann M Donnelly |
Anne Y Shields |
Contract: Other |
28 U.S.C. § 1332 Diversity-(Citizenship) |
None |
Docket Report
This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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Filing 20 ORDER: Initial Conference set for 7/2/2020 at 10:30 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See Order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 5/27/2020. (Attachments: #1 AYS Rules, #2 Discovery Protocols) (Torres, Jasmine) |
Filing 19 APPLICATION #18 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 5/15/2020. (Marziliano, August) |
Filing 18 MOTION for Refund of Fees Paid Electronically by Colonial Surety Company. (Levin, Scott) (Additional attachment(s) added on 5/14/2020: #1 Receipt ANYEDC-12647135) (Flanagan, Doreen). (Additional attachment(s) added on 5/14/2020: #2 Receipt ANYEDC-12647141) (Flanagan, Doreen). |
ORDER granting #17 Motion for Extension of Time to Answer: 54 Penataquit Avenue LLC answer due 6/8/2020; Shirley Proefriedt answer due 6/8/2020; William Proefriedt answer due 6/8/2020; WGP Contracting Inc. answer due 6/8/2020; William G Prophy LLC answer due 6/8/2020. So Ordered by Magistrate Judge Anne Y. Shields on 4/28/2020. (Minerva, Deanna) |
Filing 17 Consent MOTION for Extension of Time to File Answer re #2 Complaint, by Colonial Surety Company. (Levin, Scott) |
Filing 16 RESPONSE TO ORDER TO SHOW CAUSE by Colonial Surety Company (Attachments: #1 Exhibit A, #2 Exhibit B) (Levin, Scott) |
Filing 15 SUMMONS Returned Executed by Colonial Surety Company. WGP Contracting Inc. served on 4/15/2020, answer due 5/6/2020. (Levin, Scott) |
Filing 14 SUMMONS Returned Executed by Colonial Surety Company. Shirley Proefriedt served on 4/15/2020, answer due 5/6/2020. (Levin, Scott) |
Filing 13 SUMMONS Returned Executed by Colonial Surety Company. William Proefriedt served on 4/15/2020, answer due 5/6/2020. (Levin, Scott) |
Filing 12 SUMMONS Returned Executed by Colonial Surety Company. 54 Penataquit Avenue LLC served on 4/15/2020, answer due 5/6/2020. (Levin, Scott) |
Filing 11 SUMMONS Returned Executed by Colonial Surety Company. William G Prophy LLC served on 4/15/2020, answer due 5/6/2020. (Levin, Scott) |
Filing 10 Summons Issued as to 54 Penataquit Avenue LLC, Shirley Proefriedt, William Proefriedt, WGP Contracting Inc., William G Prophy LLC. (Attachments: #1 WGP Contracting Inc., #2 54 Penataquit Avenue LLC, #3 William Proefriedt, #4 Shirley Proefriedt) (Herrera, Isaiah) |
ORDER TO SHOW CAUSE: Two of the defendants named in the plaintiff's complaint are LLCs. For purposes of diversity jurisdiction, an LLC takes the citizenship of its members. Avant Cap. Partners v. W108 Dev. LLC, 2016 WL 3660756, at *1 (S.D.N.Y. June 30, 2016). The plaintiff "cannot invoke the Court's diversity jurisdiction where the domicile of an LLC defendant's members is unknown or uncertain." Hai Yang Liu v. 88 Harborview Realty, LLC, 5 F. Supp. 3d 443, 447 (S.D.N.Y. 2014). By April 23, 2020, the plaintiff must show cause, by letter, establishing the existence of subject matter jurisdiction, or the action will be dismissed for lack of jurisdiction. Ordered by Judge Ann M. Donnelly on 4/9/2020. (Lupo, Brandi) |
Filing 9 Proposed Summons. by Colonial Surety Company (Levin, Scott) |
Filing 8 Proposed Summons. by Colonial Surety Company (Levin, Scott) |
Filing 7 Proposed Summons. by Colonial Surety Company (Levin, Scott) |
Filing 6 Proposed Summons. by Colonial Surety Company (Levin, Scott) |
Filing 5 Proposed Summons. by Colonial Surety Company (Levin, Scott) |
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. (Flanagan, Doreen) |
Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
Your proposed summonses were not issued for the following reason: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION, Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
Case Assigned to Judge Ann M Donnelly and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen) |
Filing 2 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Colonial Surety Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons William G Prophy LLC, #4 Proposed Summons WGP Contracting Inc., #5 Proposed Summons 54 Penataquit Avenue LLC, #6 Proposed Summons William Proefriedt, #7 Proposed Summons Shirley Proefriedt) (Flanagan, Doreen) |
FILING FEE: $ 400.00, receipt number ANYEDC-12647135 (Flanagan, Doreen) |
FILING FEE: $ 400.00, receipt number ANYEDC-12647141 (Flanagan, Doreen) |
Filing 1 Corporate Disclosure Statement by Colonial Surety Company (Levin, Scott) |
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