Dannenfelser v. Flexi North America, LLC et al
| Diana Dannenfelser |
| Flexi North America, LLC, Flexi-Bogdahn International GmbH & Co. KG, Petco Animal Supplies Stores, Inc. d/b/a PETCO and Petco Animal Supplies Stores, Inc. doing business as Petco |
| 2:2022cv06608 |
| October 31, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| 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 February 15, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting DE #13 Motion to Appoint Process Server. Plaintiff's ex parte application for an order pursuant to Fed. R. Civ. P. 4(c)(3) and Local Rule 6.1(d) is granted; see attached. Ordered by Magistrate Judge Steven I. Locke on 12/22/2022. (JM)
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Filing 13
MOTION to Compel to Appoint Process Server by Diana Dannenfelser. (Attachments: #1 Proposed Order Exhibit A, #2 Affidavit in Support Ingalls Affidavit, #3 Declaration Donnelly Declaration) (Donnelly, Joseph)
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Filing 12
RESPONSE in Opposition re #11 MOTION for pre motion conference filed by Diana Dannenfelser. (Donnelly, Joseph)
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Filing 11
Letter Motion/Request for Pre-Motion Conference by Flexi North America, LLC (Brownstein, Boris) Modified on 12/14/2022 to change event type to motion (LC).
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Filing 10
ORDER granting DE #9 Motion for Extension of Time to Answer. On consent, Defendant Flexi North America, LLC's Motion for Extension of Time to Answer is So Ordered; see attached. The deadline for Defendant Flexi North America LLC to answer or otherwise respond to the complaint is extended to and including 12/19/2022. Ordered by Magistrate Judge Steven I. Locke on 11/23/2022. (JM)
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Filing 9
First MOTION for Extension of Time to File Answer by Flexi North America, LLC. (Brownstein, Boris)
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Filing 8
NOTICE of Appearance by Boris Brownstein on behalf of Flexi North America, LLC (aty to be noticed) (Brownstein, Boris)
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Filing 7
AFFIDAVIT/AFFIRMATION re #5 Summons Issued, #1 Complaint, Affidavit of Service-Flexi North America by Diana Dannenfelser (Donnelly, Joseph)
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ORDER. In its response to the Order to Show Cause, Plaintiff has established that this Court has subject matter jurisdiction. Ordered by Judge Joan M. Azrack on 11/17/2022. (RT)
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Filing 6
RESPONSE TO ORDER TO SHOW CAUSE by Diana Dannenfelser (Attachments: #1 Exhibit Exhibit 1-LLC Annual Report) (Donnelly, Joseph)
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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 November 22, 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 11/8/2022. (RT)
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Filing 5
SUMMONS ISSUED as to Flexi North America, LLC, Flexi-Bogdahn International GmbH & Co. KG, Petco Animal Supplies Stores, Inc.. (LC)
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Filing 4
Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Diana Dannenfelser (Attachments: #1 Civil Cover Sheet) (Donnelly, Joseph)
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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. (CL)
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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. (CL)
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Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven I. Locke. 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. (CL)
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Your proposed 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; We have a new Clerk of Court. Please use new form off our website. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CL)
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Filing 1
COMPLAINT Diana Dannenfelser against All Defendants filing fee $ 402, receipt number ANYEDC-16091396 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Diana Dannenfelser. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Donnelly, Joseph) Modified on 11/1/2022 (CL).
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