Island International Exterior Fabricators, LLC v. CNA Paramount et al
| Island International Exterior Fabricators, LLC |
| CNA Paramount, CNA Commercial Insurance and American Casualty Co. of Reading, PA |
| 2:2022cv03105 |
| May 25, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 14 STATE COURT RECORD received from the Supreme Court of the State of New York, County of Suffolk re Index #604723/2022. (Coleman, Laurie) |
Filing 13
ORDER DISMISSING CASE re #12 Notice of Voluntary Dismissal - IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) CNA PARAMOUNT, CNA COMMERCIAL INSURANCE, and AMERICAN CASUALTY CO OF READING, PA pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). Case closed. So Ordered by Judge Joan M. Azrack on 6/15/2022. (Coleman, Laurie)
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ORDER. Plaintiff filed a Stipulation of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) (see DE 12). However, since no answer has been filed and issue has not been joined, the Court considers and deems the stipulation as a notice of voluntary dismissal filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). As such, since Plaintiff has now discontinued the action, the motion #10 to extend time to serve the Complaint and to amend the caption is terminated as moot. Ordered by Magistrate Judge James M. Wicks on 6/15/2022. (Weinstein, Tracy)
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| Filing 12 NOTICE of Voluntary Dismissal by Island International Exterior Fabricators, LLC (Roberto, Joanna) |
| Filing 11 STIPULATION of Dismissal by Island International Exterior Fabricators, LLC (Roberto, Joanna) |
| Filing 10 Letter MOTION for Extension of Time to File Complaint by Island International Exterior Fabricators, LLC. (Roberto, Joanna) |
| Your proposed #9 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/notice of removal, Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Coleman, Laurie) |
| Filing 9 Proposed Summons. Re #5 Proposed Summons/Civil Cover Sheet by Island International Exterior Fabricators, LLC (Roberto, Joanna) |
| Your #5 proposed amended summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION; the names on the summons do not match the names as they appear on the complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Coleman, Laurie) |
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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 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 June 20, 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 6/6/2022. (Newbill, Quenique)
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| Filing 8 NOTICE of Appearance by Jodi Shawn Tesser on behalf of American Casualty Co. of Reading, PA, CNA Commercial Insurance, CNA Paramount (aty to be noticed) (Tesser, Jodi) |
| Filing 7 NOTICE of Appearance by Rachel Horzempa on behalf of American Casualty Co. of Reading, PA, CNA Commercial Insurance, CNA Paramount (aty to be noticed) (Horzempa, Rachel) |
| Filing 6 STATE COURT RECORD (Buckley, Kevin) |
| Filing 5 by Island International Exterior Fabricators, LLC (Roberto, Joanna) |
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Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held at 12:00 PM on 8/3/2022 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than 7/27/2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 5/27/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Ortiz, Grisel)
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| Filing 3 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 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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 NOTICE OF REMOVAL by American Casualty Co. of Reading, PA from Supreme Court Suffolk County, case number 604723/2022. ( Filing fee $ 402 receipt number ANYEDC-15601008) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit State court Documents, #2 Exhibit August 19, 2020 email, #3 Civil Cover Sheet) (Buckley, Kevin) Modified on 5/26/2022 (Jakubowski, Laura). |
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