Hedvat et al v. CHUBB National Insurance Company
| Faramarz Hedvat and Katrin Hedvat |
| CHUBB National Insurance Company |
| 2:2023cv04101 |
| June 2, 2023 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Dora Lizette Irizarry |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 17
Letter re Diversity by CHUBB National Insurance Company (Ferland, Paul)
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Filing 16
Corporate Disclosure Statement by Faramarz Hedvat, Katrin Hedvat (D'Antonio, Dennis)
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ORDER TERMINATING #14 MOTION TO DISMISS; ORDER DENYING #15 LETTER MOTION FOR EXTENSION OF TIME TO FILE REPSONSE/REPLY; ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION --- ORDER TO SHOW CAUSE RESPONSE DUE 8/9/23 --- Defendant removed this action from the Supreme Court of the State of New York, Nassau County, asserting this Court's diversity jurisdiction. Pursuant to 28 U.S.C. 1332(a), subject matter jurisdiction based on diversity exists "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States." While Defendant established that the amount in controversy exceeds $75,000, it has not established diversity of citizenship because the allegations in the Removal Notice and Complaint are insufficient to establish the citizenship of Plaintiffs, who are individuals."[A]n individual's citizenship for diversity purposes is determined by his or her domicile, not his or her residence." Century Metal Recycling, Pvt. Ltd. v. Dacon Logistics, LLC, 2013 WL 5929816, at *2 (D. CT Nov. 4, 2013) (citing Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)). However, in the Removal Notice, Defendant only alleges the state in which Plaintiffs reside.See, Removal Notice, Dkt. Entry No. #1 , para. 6. Similarly, Plaintiffs assert in the Complaint that they are "citizens of different states" than Defendants, but allege only their places of residence. See, Compl., Dkt. Entry No. #10 , 1-2, 13. Plaintiffs' Rule 7.1 statement also provides Plaintiffs' place of residence, not citizenship. See, Stmt., Dkt. Entry No. #11 .Accordingly, BY NO LATER THAN AUGUST 9, 2023: (1) Defendant MUST SHOW CAUSE why this action should not be dismissed for failure to establish subject matter jurisdiction, and (2) Plaintiffs MUST FILE a properly executed Rule 7.1 statement that states their places of citizenship, as required. See, Fed. R. Civ. P. 7.1(a)(2). Additionally, since subject matter jurisdiction is a threshold issue, Defendant's motion to dismiss ("MTD", Dkt. Entry No. #14 ) is terminated without prejudice to reinstate it if this Court finds it has subject matter jurisdiction. See, e.g., Lewis v. S&S Nutrition Inc., 2022 WL 4448893, at *2 (D. CT Sept. 23, 2022) (explaining that a court must decide jurisdictional questions before it can reach the merits of a motion to dismiss for failure to state a claim); Correspondingly, Plaintiff's request for an extension of time to respond to the MTD also is denied as moot. See, Ext. Req., Dkt. Entry No. #15 . SO ORDERED by Judge Dora Lizette Irizarry on 7/26/2023. (CC)
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Filing 15
Letter MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss by Faramarz Hedvat, Katrin Hedvat. (Attachments: #1 Proposed Order Stipulation to Extend Briefing Schedule) (D'Antonio, Dennis)
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Filing 14
MOTION to Dismiss by CHUBB National Insurance Company. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Proposed Order, #4 Certificate of Service) (Ferland, Paul)
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Filing 13
ORDER OF RECUSAL. Judge Joan M. Azrack recused. Case randomly reassigned to Judge Dora Lizette Irizarry for all further proceedings. Ordered by Judge Joan M. Azrack on 7/5/2023. (GO)
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Filing 12
Letter to Judge Azrack dated June 28, 2023 by Faramarz Hedvat, Katrin Hedvat (Mallin, Joshua)
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Filing 11
Corporate Disclosure Statement by Faramarz Hedvat, Katrin Hedvat (D'Antonio, Dennis)
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Filing 10
COMPLAINT Faramarz Hedvat and Katrin Hedvat against All Defendants filing fee $ 402, receipt number ANYEDC-16819613 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Faramarz Hedvat, Katrin Hedvat. (D'Antonio, Dennis)
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ELECTRONIC SCHEDULING ORDER: Magistrate Judge Lee G. Dunst will hold the initial conference on 9/13/2023 at 11:00 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a joint Proposed Discovery Plan/Scheduling Order by 9/6/2023 pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 6/6/2023. (CB)
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Filing 9
DEMAND for Trial by Jury by Faramarz Hedvat, Katrin Hedvat (D'Antonio, Dennis)
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Filing 8
NOTICE of Appearance by Dennis T. D'Antonio on behalf of Faramarz Hedvat, Katrin Hedvat (notification declined or already on case) (D'Antonio, Dennis)
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Filing 7
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)
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Case Assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. 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)
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) (Additional attachment(s) added on 6/5/2023: #1 Additional Corrections) (LJ).
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Filing 5
Civil Cover Sheet.. Re #1 Notice of Removal, Notice: Re: Incomplete Civil Cover Sheet, by CHUBB National Insurance Company (Ferland, Paul)
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Filing 4
NOTICE of Appearance by Joshua R. Tumen on behalf of CHUBB National Insurance Company (aty to be noticed) (Tumen, Joshua)
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Filing 3
NOTICE of Appearance by Paul Christopher Ferland on behalf of CHUBB National Insurance Company (notification declined or already on case) (Ferland, Paul)
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Filing 2
Corporate Disclosure Statement by CHUBB National Insurance Company identifying Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings Inc., Corporate Parent Chubb Group Holdings Inc., Corporate Parent Federal Insurance Company for CHUBB National Insurance Company. (Ferland, Paul)
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Filing 1
NOTICE OF REMOVAL by CHUBB National Insurance Company from Supreme Court of the State of New York, case number 602259/2023. ( Filing fee $ 402 receipt number ANYEDC-16758700) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (Ferland, Paul) Modified on 6/5/2023 (LJ).
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NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (SR)
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