Khoury v. Halliday et al
| Tony N. Khoury |
| Gregory E. Halliday, Lisa M. Halliday, Public Storage, New Hampshire Insurance Company and John Does #1-#10 |
| 2:2022cv05218 |
| September 1, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Arlene R Lindsay |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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ORDER DISMISSING CASE. Plaintiff failed to respond to the Court's Oder to Show Cause by September 6, 2022. Additionally, it is apparent that the Court lacks subject matter jurisdiction over this action. Accordingly, this case is dismissed without prejudice. The Clerk of Court is directed to close this case. Ordered by Judge Joan M. Azrack on 9/15/2022. (Terranova, Robert)
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| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 2 Civil Cover Sheet.. by Tony N. Khoury (Singer, David) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Tony N. Khoury. (Attachments: #1 Exhibit A - List of Missing Items) (Jakubowski, Laura) |
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ORDER TO SHOW CAUSE. Plaintiff is directed to show cause, in writing, by September 6, 2022, why this action should not be dismissed for lack of subject matter jurisdiction. Complete diversity is required and complete diversity clearly does not exist here as Plaintiff and two of the defendants are citizens of New York. Additionally, Plaintiff has not plausibly alleged that Public Storage is a citizen of a different state than Plaintiff. While Plaintiff's complaint alleges that defendant Public Storage is a corporation, the caption of the complaint only identifies this entity as "Public Storage"--not "Public Storage, Inc." Moreover, in a prior case I found that Public Storage is, in fact, a Maryland real estate investment trust and, as such, its citizenship is dependent on the citizenship of all its members. See Zulli v. Public Storage, No. 17-CV-387, 2018 WL 3429905, at *4 (E.D.N.Y. July 13, 2018) (explaining that, in 2017, Public Storage had 518 shareholders who were residents of New York). Failure to respond to this Order to Show Cause by September 6, 2022 will result in dismissal of this action without prejudice for lack of subject matter jurisdiction. Ordered by Judge Joan M. Azrack on 9/1/2022. (Terranova, Robert)
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| Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against defendants. (Jakubowski, Laura) |
| FILING FEE: $ 402, receipt number ANYEDC-15899198 (Jakubowski, Laura) |
| Notice: Re: Incomplete Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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) |
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