Adams v. Family Dollar Stores of New York, LLC et al
| Kareemah Adams |
| Family Dollar Stores of New York, LLC and Dollar Tree Stores, Inc. |
| 2:2023cv02706 |
| April 11, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Anne Y Shields |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 13
ORDER: Initial Conference set for 8/17/2023 at 10:30 AM in Courtroom 840 before Magistrate Judge Anne Y. Shields.The parties are directed to call the AT&T Teleconferencing Center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 7/11/2023. (JT)
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ORDER: Plaintiffs #7 motion to remand is denied because defendants have adequately pleaded complete diversity. A limited liability company... is deemed to be a citizen of each state of which its members are citizens, not where its principal place of business is located. Marsh USA Inc. v. Millett, No. 22-CV-6656 (JMF), 2022 WL 4280345, at *1 (S.D.N.Y. Sept. 15, 2022); see Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000). In pleading an LLCs citizenship, the identity and citizenship of each member has to be specifically alleged, meaning that the party asserting jurisdiction must allege the identity and citizenship of [the LLCs] members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC, United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020) (collecting cases), including the citizenship of any members of the LLC that are themselves LLCs, Marsh USA Inc., 2022 WL 4280345, at *1. Defendants have done so here through a [11-1] sworn declaration, [9-1] [9-2] public records, and [9-3] an organizational chart. See, e.g., Raymond v. Essen Foods, Inc., No. 23-CV-3316 (PKC), 2023 WL 3072260, at *1 (S.D.N.Y. Apr. 25, 2023) (requesting an affidavit to resolve an alleged inconsistency in citizenship allegation); Lannunziata v. Am. Stock Transfer & Tr. Co., LLC, No. 3:20-CV-1865 (CSH), 2021 WL 1840295, at *1 (D. Conn. Feb. 28, 2021) (citing to affidavits as evidence of citizenship for diversity purposes); Lawrence v. HHC TRS FP Portfolio, LLC, No. 20-CV-4843 (BMC), 2020 WL 6273946, at *2 (E.D.N.Y. Oct. 26, 2020) (considering an organizational chart as evidence of citizenship). While plaintiff raises the potential existence of an as-yet-unknown additional defendant whose joinder may destroy diversity, [i]t is not incumbent on the named defendants to negate the existence of a potential defendant whose presence in the action would destroy diversity. Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84 (2005). Because defendants have sufficiently alleged plaintiff is a New York citizen and defendants are not New York citizens, and have no obligation to negate the presence of a potential non-diverse additional defendant, they have adequately pleaded complete diversity. 28 U.S.C. 1332(a)(1); Lincoln Prop. Co., 546 U.S. at 89. Ordered by Judge Rachel P. Kovner on 7/7/2023. (XW)
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SCHEDULING ORDER re #12 Letter filed by Kareemah Adams: Upon the request of the parties, and in light of the pending motion to remand, the initial conference scheduled for June 13, 2023 is canceled. In the event the motion to remand is denied, the parties shall promptly submit a letter to this Court requesting the scheduling of an initial conference. So Ordered by Magistrate Judge Anne Y. Shields on 6/8/2023. (DM)
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| Filing 12 Letter Letter to Judge Kovner Requesting Adjournment by Kareemah Adams (Brilliant, Robyn) |
| Filing 11 Letter in further response to letter motion to remand by Dollar Tree Stores, Inc., Family Dollar Stores of New York, LLC (Attachments: #1 Declaration) (Levien, Bradley) |
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ORDER: Defendants shall file a reply to the #10 response, if any, on or before 5/19/23. Ordered by Judge Rachel P. Kovner on 5/15/23. (NCM)
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| Filing 10 Letter Reply Letter at the request of Judge Kovner by Kareemah Adams (Brilliant, Robyn) |
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ORDER: Plaintiff shall file a reply to defs.' #9 response on or before 5/15/23, or the Court will treat the #7 motion to remand as fully briefed. Ordered by Judge Rachel P. Kovner on 5/8/23. (NCM)
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| Filing 9 Letter in Opposition to Letter Motion to Remand by Dollar Tree Stores, Inc., Family Dollar Stores of New York, LLC (Attachments: #1 Exhibit A - NY Secretary of State Record -- FDS of NY, LLC, #2 Exhibit B - VA Secretary of State Record -- FDS of NY, LLC, #3 Exhibit C- Organizational Chart, #4 Exhibit D - NY Secretary of State Record -- Dollar Tree Stores, Inc.) (Levien, Bradley) |
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ORDER: The court construes the #7 letter as a motion to remand. Defendants shall respond to the #7 letter on or before 5/5/23. If defendants fail to respond by that date, the court will treat the motion to remand as fully briefed. Ordered by Judge Rachel P. Kovner on 4/27/23. (NCM)
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Filing 8
ORDER: Initial Conference set for 6/13/2023 12:00 PM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment.Ordered by Magistrate Judge Anne Y. Shields on 4/18/2023. (Attachments: #1 AYS Rules) (JT)
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| Filing 7 Letter Letter to Judge Kovner re: Notice of Removal by Kareemah Adams (Attachments: #1 Exhibit Notice to Admit to which Defendant failed to respond) (Brilliant, Robyn) |
| 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. (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Rachel P. Kovner 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. (LJ) |
| Filing 4 DEMAND for Trial by Jury by Dollar Tree Stores, Inc., Family Dollar Stores of New York, LLC (Levien, Bradley) |
| Filing 3 Corporate Disclosure Statement by Dollar Tree Stores, Inc. identifying Corporate Parent Dollar Tree, Inc. for Dollar Tree Stores, Inc.. (Levien, Bradley) |
| Filing 2 Corporate Disclosure Statement by Family Dollar Stores of New York, LLC identifying Corporate Parent Dollar Tree, Inc. for Family Dollar Stores of New York, LLC. (Levien, Bradley) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court (NY), Kings County, case number 534807/2022. ( Filing fee $ 402 receipt number ANYEDC-16588807) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- Complaint, #3 Exhibit B - Answer, #4 Exhibit C - Damages claim) (Levien, Bradley) Modified on 4/12/2023 (LJ). |
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