Germano v. Strumba Media, LLC et al
| Tina Germano |
| Strumba Media, LLC doing business as Miracle Noodle, Thrive Market, Inc., "John Doe 1-10", "Bob Boe 1-10", "ABC Corp. 1-10" and "Def Corp. 1-10" |
| 2:2022cv00008 |
| January 3, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER re #19 Letter filed by Thrive Market, Inc., Strumba Media, LLC: Upon review of the parties' joint letter, and their cooperation in the early discovery process, the initial conference scheduled for April 19, 2022 is adjourned without date. In lieu of the initial conference, the parties are directed to complete the voluntary document production set forth at Paragraph 7 of their joint letter on or before May 19, 2022. Counsel for the parties shall submit a joint status letter on or before June 20, 2022, setting forth dates certain for the taking of all fact depositions, as well as a statement as to whether the parties will be using any experts in this matter, the number of such experts, and the matters as to which they will testify. The joint status letter shall also set forth a proposed completion date for expert discovery. Finally, the joint status letter shall indicate whether the parties request this Court's assistance with settlement or a referral to the Eastern District mediation program. A status conference will be held on June 28, 2022 at 11:30 a.m., by telephone. All counsel shall call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields on 4/15/2022. (Minerva, Deanna)
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| Filing 19 Letter Initial Joint Letter by Strumba Media, LLC, Thrive Market, Inc. (Attachments: #1 Exhibit Initial Discovery Worksheet) (Frittola, Michael) |
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Filing 18
ORDER: Initial Conference set for 4/19/2022 at 12:00 PM 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 3/16/2022. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine)
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| Filing 17 NOTICE of Appearance by Michael Raymond Frittola on behalf of Strumba Media, LLC, Thrive Market, Inc. (aty to be noticed) (Frittola, Michael) |
| Filing 16 Corporate Disclosure Statement by Thrive Market, Inc. (Rothman, Dennis) |
| Filing 15 ANSWER to #1 Complaint by Thrive Market, Inc.. (Rothman, Dennis) |
| Filing 14 Corporate Disclosure Statement by Strumba Media, LLC (Rothman, Dennis) |
| Filing 13 ANSWER to #1 Complaint by Strumba Media, LLC. (Rothman, Dennis) |
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ORDER granting #12 Motion for Extension of Time to Answer: Thrive Market, Inc. answer due 3/14/2022. So Ordered by Magistrate Judge Anne Y. Shields on 2/11/2022. (Minerva, Deanna)
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| Filing 12 MOTION for Extension of Time to File Answer by Thrive Market, Inc.. (Rothman, Dennis) |
| Filing 11 NOTICE of Appearance by Dennis M. Rothman on behalf of Thrive Market, Inc. (aty to be noticed) (Rothman, Dennis) |
| Filing 10 First MOTION for Extension of Time to File Answer from 2/14/22 to 3/14/22 on consent by Strumba Media, LLC. (Rothman, Dennis) |
| Filing 9 NOTICE of Appearance by Dennis M. Rothman on behalf of Strumba Media, LLC (aty to be noticed) (Rothman, Dennis) |
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ORDER granting #10 Motion for Extension of Time to Answer. Ordered by Judge Joan M. Azrack on 2/9/2022. (Terranova, Robert)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Tina Germano (Attachments: #1 Affidavit Certification of William Stoltz, Esq., #2 Exhibit Ex. A to Cert.-Thrive Corp. Statement of Information, #3 Exhibit Ex. B to Cert-Strumba Articles of Conversion, #4 Exhibit Ex. C to Cert-Strumba Annual Reports 2018-2021) (Stoltz, William) |
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ORDER TO SHOW CAUSE. It is not clear from the Complaint that the Court has subject matter jurisdiction over this action. The Complaint indicates that one defendant is an LLC, but the Complaint treats that defendant as if it were a corporation, which, for purposes of determining citizenship, are analyzed differently than LLCs. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (holding that the defendant limited liability company takes the citizenship of each of its members); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000) (same with respect to limited partnerships). Plaintiff is ORDERED TO SHOW CAUSE, in writing, by January 21, 2022, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response must include an identification of each member of the defendant LLC and sufficient facts to draw a conclusion as to each such member's citizenship. Ordered by Judge Joan M. Azrack on 1/7/2022. (Terranova, Robert)
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| Filing 7 Summons Issued as to Strumba Media, LLC, Thrive Market, Inc. (Jakubowski, Laura) |
| Filing 6 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. (Jakubowski, Laura) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Additional attachment(s) added on 1/4/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 4 Proposed Summons. Re #1 Complaint by Tina Germano (Stoltz, William) |
| Filing 3 Proposed Summons. Re #1 Complaint by Tina Germano (Stoltz, William) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Tina Germano (Stoltz, William) |
| Case Assigned to Judge Joan M. Azrack 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. (Jakubowski, Laura) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15156556 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Tina Germano. (Stoltz, William) Modified on 1/4/2022 (Jakubowski, Laura). |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second must be answered. Please submit Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
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