Callen et al v. ILKB LLC et al
| Thomas Callen, Courtney Callen and Golden Polar Bear, LLC |
| ILKB Too, LLC, ILKB LLC, Shaun York, Michael Parrella, Scott Ferrari, Daniel Castellini and Ryan Healy |
| 2:2020cv03345 |
| July 24, 2020 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Steven Tiscione |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Motions terminated, docketed incorrectly: #16 Letter MOTION for pre motion conference filed by Shaun York, ILKB Too, LLC, Daniel Castellini, ILKB LLC. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin)
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Filing 16
Letter application for pre motion conference by Daniel Castellini, ILKB LLC, ILKB Too, LLC, Shaun York. (Siachos, Peter) Modified on 9/15/2020 (Cubano, Jazmin).
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Filing 15
AMENDED COMPLAINT against Daniel Castellini, Scott Ferrari, Ryan Healy, ILKB LLC, ILKB Too, LLC, Michael Parrella, Shaun York, filed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. (Attachments: #1 Exhibit A) (Maly, Heather)
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ORDER re #14 Response to Order to Show Cause: To the extent Defendants wish to be heard on the issue of whether subject matter jurisdiction has been properly alleged, they may file a response on or before September 14, 2020; Plaintiffs may then file a reply on or before September September 28, 2020. Ordered by Judge Denis R. Hurley on 8/31/2020. (Hoon, Megha)
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Attachments: #1 Exhibit A, #2 Exhibit B) (Maly, Heather)
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Filing 13
NOTICE of Appearance by Matthew P. Gallo on behalf of Daniel Castellini, ILKB LLC, ILKB Too, LLC, Shaun York (aty to be noticed) (Gallo, Matthew)
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ORDER terminating #11 Motion to Dismiss for Lack of Jurisdiction; terminating #12 Motion to Dismiss for Failure to State a Claim: These motions, which appear to be duplicative, were filed in violation of this Court's individual practice rules which require the filing of a pre-motion conference letter. To the extent defendants wishes to be heard with respect to this Court's Order to Show Cause regarding subject matter jurisdiction, they will be given an opportunity to do so after plaintiff's response is received. Ordered by Judge Denis R. Hurley on 8/21/2020. (Gapinski, Michele)
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Filing 12
MOTION to Dismiss for Failure to State a Claim by Daniel Castellini, ILKB LLC, ILKB Too, LLC, Shaun York. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Siachos, Peter)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction by Daniel Castellini, ILKB LLC, ILKB Too, LLC, Shaun York. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Siachos, Peter)
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ORDER TO SHOW CAUSE re #1 Complaint, filed by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC : Plaintiffs commenced this action on July 24, 2020 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. One of the plaintiffs and more than one defendant are identified as a limited liability company ("LLC").The citizenship of a 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). "A complaint premised upon diversity of citizenship must allege the citizenship of each 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. 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 Fed. Appx 38 (2d Cir. 2010). Measured against the foregoing, the allegations of the complaint appear insufficient to allege diversity. ACCORDINGLY, IT IS HEREBY ORDERED THAT Plaintiff show cause in writing filed on or before August 28, 2020 why this action should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Denis R. Hurley on 7/28/2020. (Gapinski, Michele)
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Filing 10
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. (Landow, Concetta)
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Filing 9
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 8
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 7
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 6
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 5
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 4
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 3
Proposed Summons. by Courtney Callen, Thomas Callen, Golden Polar Bear, LLC (Maly, Heather)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 2 replaced on 7/27/2020) (Bowens, Priscilla). (Additional attachment(s) added on 7/27/2020: #1 Additional Corrections) (Landow, Concetta).
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Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint; The full caption must match the complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Landow, Concetta)
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Case Assigned to Judge Denis R. Hurley and Magistrate Judge Steven Tiscione. 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. (Landow, Concetta)
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Filing 1
COMPLAINT against Daniel Castellini, Scott Ferrari, Ryan Healy, ILKB LLC, ILKB Too, LLC, Michael Parrella, Shaun York filing fee $ 400, receipt number ANYEDC-13113415 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Golden Polar Bear, LLC, Courtney Callen, Thomas Callen. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet) (Maly, Heather)
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