Pristine Automotive Inc. v. United Parcel Service, Inc. et al
| Pristine Automotive Inc. |
| United Parcel Service, Inc., JP Morgan Chase Bank N.A. and Wells Fargo Bank N.A. |
| 2:2023cv08061 |
| October 29, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Arlene R Lindsay |
| Nina R Morrison |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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ORDER TO SHOW CAUSE. The Court has reviewed Plaintiff's Complaint, ECF No. #1 -1, and has determined that it fails to establish whether this Court possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a).Diversity jurisdiction under 28 U.S.C. 1332(a) requires complete diversity among the plaintiffs and defendants and that the amount in controversy exceeds $75,000. See Tagger v. Strauss Grp. Ltd., 951 F.3d 124, 126 (2d Cir. 2020); see also Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001). "For diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). "[A] national bank is a citizen only of the state listed in its articles of association as its main office." OneWest Bank, N.A. v. Melina, 827 F.3d 214, 219 (2d Cir. 2016). Plaintiff is incorporated under the laws of New York and its principal place of business is in New York; Defendant Wells Fargo's main office is in South Dakota; Defendant JPMC's main office is in Ohio; Defendant UPS is incorporated in Ohio and its principal place of business is in Georgia. ECF No. #1 . For purposes of diversity jurisdiction, all parties appear to be diverse.The second requirement of diversity jurisdiction--an amount in controversy of at least $75,000--is equally important. "[A] plaintiff invoking federal jurisdiction must demonstrate a 'reasonable probability' that the amount-in-controversy requirement is satisfied." Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216, 223 (2d Cir. 2017) (internal quotation marks and citation omitted). The U.S. Court of Appeals for the Second Circuit "recognize[s] a rebuttable presumption that the face of the complaint is a good faith representation of the actual amount in controversy." Id. Additionally, alleged punitive damages are subject to "closer scrutiny" when determining the amount in controversy. Zahn v. Int'l Paper Co., 469 F.2d 1033, 1033 n.1 (2d Cir. 1972); see also GW Holdings Grp., LLC v. U.S. Highland, Inc., 794 F. App'x 49, 49 n.1 (2d Cir. 2019) (discussing the "closer scrutiny" provided to alleged punitive damages when assessing whether a complaint adequately asserts diversity jurisdiction).The Complaint does not assert an amount in controversy, much less allege facts to show that the amount in controversy requirement is met. See ECF No. #1 -1 at 3, 6-7. By December 29, 2023, Plaintiff shall show cause why this action should not be dismissed for lack of jurisdiction. To the extent that Plaintiff contends that there is diversity jurisdiction, it must provide support for the amount in controversy and clearly explain how much in damages is being sought in total. Failure to respond to this order to show cause will result in the action being dismissed.Ordered by Judge Nusrat J. Choudhury on 12/21/2023. (ASB)
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| Filing 17 RESPONSE to Discovery Request by Pristine Automotive Inc.. (Gould, Michael) |
| Filing 16 REPORT of Rule 26(f) Planning Meeting (LaBonte, Stevan) |
| Filing 15 ANSWER to Complaint by Wells Fargo Bank N.A.. (Rimm, Harry) |
| Filing 14 STATUS REPORT by Pristine Automotive Inc. (Gould, Michael) |
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Filing 13
SCHEDULING ORDER: Rule 26 Meeting Report due by December 18, 2023. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/17/2023. (Attachments: #1 Rule 26(f) form) c/ecf (RI)
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| Filing 12 ANSWER to Complaint by United Parcel Service, Inc.. (Levitt, Jamie) |
| Filing 11 NOTICE of Appearance by Jamie A. Levitt on behalf of United Parcel Service, Inc. (aty to be noticed) (Levitt, Jamie) |
| Filing 10 STATE COURT RECORD received from County of Suffolk Re: Certified copy of Clerk's Minutes for E-filed Supreme Court case, Index No. 617442/2023. (CV) |
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ORDER granting #9 Motion for Extension of Time to Answer. The time for Wells Fargo Bank N.A. to answer, move against or otherwise respond to the complaint is extended until December 1, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 11/6/2023. (BJ)
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| Filing 9 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, to and including December 1, 2023 by Wells Fargo Bank N.A.. (Rimm, Harry) |
| Filing 8 NOTICE of Appearance by Stevan H LaBonte on behalf of All Plaintiffs (aty to be noticed) (LaBonte, Stevan) |
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ORDER granting #7 Motion for Extension of Time to Answer. The time for the United Parcel Service, Inc. to answer, move against or otherwise respond to the Complaint is extended until November 15, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 11/3/2023. (BJ)
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| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, to and including November 15, 2023 by United Parcel Service, Inc.. (Butler, Patricia) |
| Filing 6 Corporate Disclosure Statement by United Parcel Service, Inc. identifying Corporate Parent United Parcel Service, Inc., a Delaware corporation for United Parcel Service, Inc.. (Butler, Patricia) |
| Filing 5 NOTICE of Appearance by Patricia Butler on behalf of United Parcel Service, Inc. (aty to be noticed) (Butler, Patricia) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nusrat Jahan Choudhury for all further proceedings. Judge Nina R. Morrison no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 10/31/2023. (KD)
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Case Assigned to Judge Nina R. Morrison 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. (CL) |
| Filing 2 Civil Cover Sheet by Wells Fargo Bank N.A. re #1 Notice of Removal, Civil Cover Sheet (Rimm, Harry) . |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank N.A. from Supreme Court of New York, Suffolk County, case number 617442/2023. ( Filing fee $ 402 receipt number CNYEDC-17229625) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Summons Complaint Verification Exhibits_Redacted, #2 Exhibit Affidavit of Service of Complaint Stipulations, #3 Exhibit UPS Consent) (Rimm, Harry) Modified on 10/30/2023 (CL). |
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