Admiral Insurance Company v. TBN Labs, LLC et al
| Admiral Insurance Company |
| TBN Labs, LLC, Total Body Nutrition, LLC and Brandon Copeland |
| 2:2022cv05827 |
| September 29, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Arlene R Lindsay |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| Plaintiff |
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| Document Text |
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| Filing 4 AFFIDAVIT/AFFIRMATION in Response to Court's Order to Show Cause by Admiral Insurance Company (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Boury, Joseph) |
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 two defendants are LLCs, but the Complaint treats these defendants as if they are corporations, 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 October 19, 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 LLCs and sufficient facts to draw a conclusion as to each such member's citizenship. Ordered by Judge Joan M. Azrack on 10/5/2022. (RT)
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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. (Landow, Concetta) |
| 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. (Landow, Concetta) |
| 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) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants filing fee $ 402, receipt number ANYEDC-15989497 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Admiral Insurance Company. (Attachments: #1 Civil Cover Sheet) (Boury, Joseph) |
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