CDS Business Services, Inc. v. SOWC Associates LLC et. al.
| CDS Business Services, Inc. d/b/a Newtek Business Credit and CDS Business Services, Inc. doing business as Newtek Business Credit |
| SOWC Associates LLC, JNSO LLC, BEJL 4200 Real Estate LLC and Jonathan S. Lasko |
| 2:2020cv03014 |
| July 7, 2020 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Steven I Locke |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
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| Filing 8 NOTICE of Voluntary Dismissal by CDS Business Services, Inc. (Kirshnitz, Eliot) |
AMENDED AND CORRECTED ORDER re #7 : Plaintiff's response to this Court's Order to Show Cause is insufficient to plead diversity jurisdiction. While the submitted declaration identifies the members of defendant LLCs, some of those members are themselves LLCs and their members must be identified in order to support the allegation of subject matter jurisdiction. Plaintiff is granted an extension until August 31, 2020 to provide the necessary information. Ordered by Judge Denis R. Hurley on 7/14/2020. (Gapinski, Michele)
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ORDER re #7 Declaration filed by CDS Business Services, Inc. : Plaintiff's response to this Court's Order to Show Cause is sufficient to plead diversity jurisdiction. While the submitted declaration identifies the members of defendant LLCs, some of those members are themselves LLCs and their members must be identified in order to support the allegation of subject matter jurisdiction. Plaintiff is granted an extension until August 31, 2020 to provide the necessary information. Ordered by Judge Denis R. Hurley on 7/13/2020. (Gapinski, Michele)
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| Filing 7 DECLARATION in Support of Subject Matter Jurisdiction by CDS Business Services, Inc. (Kirshnitz, Eliot) |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 Summons-BEJL 4200 Real Estate LLC, #2 Summons-JNSO LLC, #3 Summons-Jonathan S. Lasko) (Flanagan, Doreen) |
| Filing 5 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 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 3 APPLICATION #2 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 7/8/2020. (Marziliano, August) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven I. Locke. 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) |
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ORDER TO SHOW CAUSE re #1 Complaint: For purposes of diversity, the citizenship of a limited liability company (LLC) is determined by the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Vill. Assocs. Ltd Pship, 213 F.3d 48, 5152 (2d Cir. 2000). Where jurisdiction is based upon diversity of citizenship, the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company must be alleged. New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010), (citing Handelsman, 213 F.3d at 5152); Bishop v. Toys R Us-NY LLC, 414 F. Supp.2d 385, 389 n.1 (S.D.N.Y. 2006), affd, 385 F. App'x 38 (2d Cir. 2010). Measured against the foregoing, the allegations in the complaint appear insufficient to plead diversity jurisdiction. ACCORDINGLY, IT IS HEREBY ORDERED THAT Plaintiff show cause in writing filed on or before August 14, 2020, why this action should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Denis R. Hurley on 7/7/2020. Ordered by Judge Denis R. Hurley on 7/8/2020. (Gapinski, Michele)
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| Filing 2 MOTION for Refund of Fees Paid Electronically by CDS Business Services, Inc. d/b/a Newtek Business Credit. (Kirshnitz, Eliot) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-13028475 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by CDS Business Services, Inc. d/b/a Newtek Business Credit. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Exhibit Exhibit 1 (AR Agreement), #7 Exhibit Exhibit 2 (Corporate Guaranty), #8 Exhibit Exhibit 3 (Personal Guaranty)) (Kirshnitz, Eliot) |
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