SQRL Holdings LLC et al v. Capital Assist LLC
| SQRL Holdings LLC and Standard Development Company LLC |
| Capital Assist LLC |
| 2:2024cv02693 |
| April 10, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 7 Summons Issued as to All Defendants. (CL) |
| Filing 6 Proposed Summons. by SQRL Holdings LLC, Standard Development Company LLC (Azrin, David) |
| Filing 5 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 (LJ) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 3 Proposed Summons. by SQRL Holdings LLC, Standard Development Company LLC (Azrin, David) |
| Filing 2 Civil Cover Sheet.. by SQRL Holdings LLC, Standard Development Company LLC (Azrin, David) |
ORDER: Plaintiffs shall file a letter no longer than three pages on or before May 1, 2024, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 4/11/2024. (PN)
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ORDER TO SHOW CAUSE: Plaintiffs, two limited liability companies, commenced this lawsuit against a single Defendant, which is also a limited liability company, based on the Court's diversity jurisdiction. ECF No. #1 . Plaintiffs' complaint alleges the court has diversity jurisdiction because "Plaintiff SQRL Holdings LLC is a Florida limited liability company with its principal place of business in Boca Raton, Florida, and is a citizen of the State of Florida," "Plaintiff Standard Development Company LLC is an Arkansas limited liability company, with its principal place of business in Arkansas, and is a citizen of the State of Florida," and "Defendant Capital Assist LLC is a New York limited liability company, which, on information and belief, has its principal place of business in Nassau County, and whose member resides in Nassau County, New York and is a citizen of New York." See id. at 2. However, the citizenship of a limited liability company is not defined by its principal place of business or the state's law under which it is organized. Instead, a limited liability company "takes the citizenship of all of its members." Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc., 943 F.3d 613, 615 (2d Cir. 2019).Plaintiffs shall file a letter no longer than three pages on or before April 18, 2024, explaining whether Plaintiffs are capable of amending their complaint to allege the identity of the members of Plaintiffs and Defendant and, to the extent any of their members is a limited liability company, partnership, or other pass-through entity for diversity jurisdiction purposes, whether Plaintiffs can allege the identities of those entities' members or partners, continuing up the chain of ownership, until Plaintiffs have alleged the states of citizenship of all the natural persons or corporations that dictate each party's states of citizenship. If Plaintiffs are not able to allege these facts, then Plaintiffs' letter must explain why the Court should not dismiss Plaintiffs' complaint for failure adequately to allege diversity jurisdiction. Ordered by Judge Hector Gonzalez on 4/11/2024. (PN)
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| Case Assigned to Judge Hector Gonzalez. 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) |
| Your proposed summons was not issued for the following reason: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| NOTICE: Re: Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Filing 1 COMPLAINT against Capital Assist LLC filing fee $ 405, receipt number ANYEDC-17762454 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by SQRL Holdings LLC, Standard Development Company LLC. (Azrin, David) |
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