Flagstar Financial & Leasing, LLC v. Starway Logistic, et al
| FLAGSTAR FINANCIAL & LEASING, LLC f/k/a Signature Financial, LLC, Flagstar Financial & Leasing, LLC and Signature Financial, LLC |
| STARWAY LOGISTIC, LLC and TENGIZ OKROPILASHVILI |
| 2:2024cv02525 |
| April 4, 2024 |
| U.S. District Court for the Eastern District of New York |
| James M Wicks |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Filing 7 AFFIDAVIT/AFFIRMATION re #4 Amended Complaint, #3 Summons Issued Affidavits of Service on Defendants by Flagstar Financial & Leasing, LLC (Rappaport, Justin) |
| Filing 6 Letter to Honorable James M. Wicks, Magistrate Judge by Flagstar Financial & Leasing, LLC (Rappaport, Justin) |
ORDER. In order to determine whether federal subject matter jurisdiction exists, Plaintiff is directed to supplement its Letter at ECF No. #5 , and identify the members of Flagstar Financial & Leasing, LLC and their residences, if any, on or before April 19, 2024. So Ordered by Magistrate Judge James M. Wicks on 4/11/2024. (DN)
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| Filing 5 Letter to Judge James M. Wicks by Flagstar Financial & Leasing, LLC (Rappaport, Justin) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Flagstar Financial & Leasing, LLC. (Rappaport, Justin) |
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ORDER. "For diversity purposes, LLCs have the imputed citizenship of each of their members." 136-61 Roosevelt LLC v. Starbucks Corp., 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021) (citation omitted). As a result, the Complaint's allegations that Plaintiff, Flagstar Financial & Leasing, LLC f/k/a Signature Financial, LLC ("Plaintiff") "is a limited liability company organized and existing under the laws of the State of New York and has a principal place of business at 100 Duffy Avenue, Suite 402, Hicksville, New York 11801" and Defendant Starway Logistic, LLC ("Starway") "is a foreign corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, with an office for the transaction of business at 118 Clearview Avenue, Huntingdon Valley, PA 19006. Upon information and belief, Starway conducts business in the state of New York" (ECF No. #1 at 4-5) are irrelevant to establishing the Court's diversity jurisdiction. Instead, "the party seeking to invoke the court's diversity jurisdiction must identify both the LLC's members and their citizenship." Am. Empire Surplus Lines Inc. Co. v. Clearview SM, Inc., 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021) (citation omitted). "If any of an LLC's members are themselves non-corporate entities, then a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Id. (citation omitted). The Complaint #1 does not allege the identity or citizenship of any of the Plaintiff's or Defendant Starway's members. Accordingly, in order to determine whether federal subject matter jurisdiction exists, Plaintiff is hereby directed to file a letter identifying its members and the members of Defendant Starway and their residency on or before April 23, 2024. So Ordered by Magistrate Judge James M. Wicks on 4/9/2024. (DN)
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| Filing 3 Summons Issued as to All Defendants. (CL) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Magistrate Judge James M. Wicks. 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 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17741268 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by FLAGSTAR FINANCIAL & LEASING, LLC f/k/a Signature Financial, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rappaport, Justin) |
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