Flagstar Financial & Leasing, LLC v. ANR Logistics LLC et al
| Flagstar Financial & Leasing, LLC and Signature Financial, LLC |
| Nazaviy Ponomarenko, ANR Logistics LLC and Anatoliy Ponomarenko |
| 2:2024cv08469 |
| December 11, 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 |
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| Filing 6 AFFIDAVIT/AFFIRMATION re #4 Summons Issued, #1 Complaint, by Flagstar Financial & Leasing, LLC (Rappaport, Justin) |
ORDER re #5 Order to Show Cause. Upon the Court's review of Plaintiff's Response to the Court's Order to Show Cause (see Electronic Order dated December 13, 2024), it appears that at this juncture, subject matter jurisdiction has been satisfied when considering the facts alleged. See ECF No. 5 (identifying the members of the Plaintiff LLC and Defendant LLC and their residency); see also Melendez v. Remedies Herb Shop, LLC, No. 23-cv-09008 (DLI) (JRC) (E.D.N.Y. Mar. 14, 2024) (finding that Plaintiff alleged sufficient facts to satisfy subject matter jurisdiction in her response to the courts order to show cause). So Ordered by Magistrate Judge James M. Wicks on 12/21/2024. (DN)
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| Filing 5 Letter regarding diversity jurisdiction 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[,]" and "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); 136-61 Roosevelt LLC v. Starbucks Corp., 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 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). As a result, the Complaint's allegations that: (i) "Plaintiff is a New York 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 1180[;]" (ii) "ANR Logistics is a Washington limited liability company, organized and existing under the laws of the State of Washington with offices for the transaction of business at 2311 E. 1st Street, Vancouver, Washington 98661 and 5900 NE 88th Street, Building A, Suite 111, Vancouver, Washington 98661[;]" and (iii) "[u]pon information and belief, Defendants N. Ponomarenko and A. Ponomarenko are both owners, members, shareholders, officers, directors, and/or employees of ANR Logistics and have been at all times relevant to the transactions and circumstances at issue in the present action[,]" (ECF No. 1 at 2) are insufficient to establish the Court's diversity jurisdiction, as the Complaint does not allege the identity of the members of the Plaintiff LLC or the identity of all of the Defendant LLC'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 their residency, as well as the members of the Defendant LLC and their residency, on or before December 20, 2024. So Ordered by Magistrate Judge James M. Wicks on 12/13/2024. (DN)
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| Filing 4 Summons Issued as to ANR Logistics LLC, Anatoliy Ponomarenko, Nazaviy Ponomarenko. (CG) |
| Filing 3 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. (CG) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CG) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18572212 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Flagstar Financial & Leasing, LLC. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Rappaport, Justin) Modified on 12/11/2024 (CG). |
| 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. (CG) |
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