Lundstrom v. Jo-Ann Stores, LLC et al

Plaintiff: Pauline E. Lundstrom
Defendant: Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC and Tower Cleaning Systems, Inc.
Case Number: 1:2019cv00041
Filed: January 10, 2019
Court: US District Court for the Northern District of New York
0 Judge: Andrew T Baxter
1 Judge: Brenda K Sannes
Nature of Suit: P.I.: Other
Cause of Action: 28:1441
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2019 Filing 24 TEXT ORDER: "A complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company." New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., No 10 CIV. 46, 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010). The complaint and notice of removal do not adequately allege the citizenship of the LLC defendants. Since defendants Jo-Ann Stores and Northway Mall Properties are LLCs, the proper inquiry for determining the existence of complete diversity is whether plaintiff is diverse from all of defendants members "because an LLC has the citizenship of each of its members for diversity jurisdiction purposes." Alvarez & Marshal Glob. Forensic & Dispute Servs., LLC v. CohenCole, No. 14 CIV. 290, 2014 WL 641440, at *2 (S.D.N.Y. Feb. 19, 2014). Therefore, Defendant Jo-Ann Stores' notice of removal is defective because it does not include sufficient allegations of the citizenship of defendants' members. Here, defendant Jo-Ann Stores' notice of removal alleges that diversity jurisdiction exists, but fails to sufficiently state defendants' citizenship as LLCs. As such, the court grants defendants leave to amend the notice of removal to properly state defendants' citizenship. Alternatively, if defendants lack sufficient information to assert those allegations, they may seek leave from this court to conduct jurisdictional discovery to ascertain the citizenship of defendants' members within fourteen (14) days of the filing of this order. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/5/2019. (nmk)
March 4, 2019 Filing 23 ANSWER to Complaint , CROSSCLAIM against Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC by Tower Cleaning Systems, Inc..(Pimer, Amy)
March 4, 2019 Filing 22 NOTICE of Appearance by Amy Pimer on behalf of Tower Cleaning Systems, Inc. (Pimer, Amy)
March 1, 2019 Filing 21 NOTICE of Appearance by Michael F McKeon on behalf of Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC (Attachments: #1 Certificate of Service)(McKeon, Michael)
February 28, 2019 Filing 20 TEXT ORDER: The #18 Response to Discovery filed by plaintiff shall be stricken from the docket for the following reason and will not be considered by the Court. Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of discovery in this action, nor are plaintiff's submissions in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. Discovery requests and responses should be served by on opposing counsel, and are not to be filed with the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/28/2019. (nmk)
February 28, 2019 Filing 19 TEXT ORDER: granting #17 Motion for Limited Admission Pro Hac Vice. Attorney Michael F. McKeon is hereby admitted to practice in this action on behalf of Jo-Ann Stores, LLC and Northway Mall Properties Sub LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/28/2019. (nmk)
February 28, 2019 Filing 18 *STRICKEN* RESPONSE to Discovery Request by Pauline E. Lundstrom. (Attachments: #1 Exhibit(s) Advanced PT, #2 Exhibit(s) AMCH Part 1 of 2, #3 Exhibit(s) AMCH Part 2 of 2, #4 Exhibit(s) Capital Region Ortho, #5 Exhibit(s) CVS, #6 Exhibit(s) Hanger Clinic, #7 Exhibit(s) Mohawk Ambulance, #8 Exhibit(s) St. Peter's Hospital, #9 Exhibit(s) Colonie EMS, #10 Affidavit Certificate of Service)(Bruschini, Robert) Stricken on 2/28/2019. (nmk)
February 27, 2019 Filing 17 MOTION for Limited Admission Pro Hac Vice of Michael F. McKeon, Esquire Filing fee $100, receipt number ANYNDC-4663323. filed by Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service, #4 Exhibit(s) A - Certificate of Good Standing, #5 Declaration, #6 Attorney Registration Form, #7 Petition for Admission to Practice) Motions referred to Andrew T. Baxter. (McHugh, Timothy)
February 26, 2019 Filing 16 TEXT ORDER: Defendant Tower Cleaning Systems, Inc. is directed to answer or otherwise respond to the complaint by 3/12/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/26/2019. (nmk)
February 26, 2019 TEXT NOTICE of Hearing: A telephonic Status Conference is set for 6/19/2019 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. Attorney Graver is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
February 26, 2019 Opinion or Order Filing 15 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/3/2019. Deadline for completion of Mandatory Mediation is 6/24/2019. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/26/2019. (nmk)
February 26, 2019 Filing 14 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 5/30/2019. Discovery cutoff is 7/26/2019 (plaintiff's expert disclosures due by 4/29/2019; defendants' expert disclosures due by 6/11/2019; and any rebuttal disclosures are due by 6/26/2019). Substantive motions to be filed by 9/26/2019. Anticipated length of trial: 3-4 days. Preferred Trial Location: Albany. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/26/2019. (nmk)
February 26, 2019 TEXT Minute Entry for telephonic Rule 16 conference held on 2/26/2019 before U.S. Magistrate Judge Andrew T. Baxter: The court explained the Mandatory Mediation Program to counsel. Plaintiff's mandatory disclosures are due by 3/1/2019. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Sannes. A telephonic status conference is set for 6/19/2019 at 11:00 AM. Appearances: Robert Bruschini, Esq. for plaintiff; Wayne Graver, Esq. and Amy Pimer, Esq. for defendants. Time: 11:32 AM - 11:41 AM. (nmk)
February 19, 2019 Filing 13 NOTICE of Appearance by Wayne A Graver on behalf of Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC (Attachments: #1 Certificate of Service)(Graver, Wayne)
February 19, 2019 Filing 12 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tower Cleaning Systems, Inc. identifying Corporate Parent EMCOR Group, Inc. for Tower Cleaning Systems, Inc., Tower Cleaning Systems, Inc., Tower Cleaning Systems, Inc... (Attachments: #1 Affidavit Affidavit of Service via Mail and E-File)(Pimer, Amy)
February 18, 2019 Filing 11 CIVIL CASE MANAGEMENT PLAN (Joint o/b/o All Parties) by Jo-Ann Stores, LLC, Northway Mall Properties Sub LLC, Tower Cleaning Systems, Inc.. (McHugh, Timothy)
January 28, 2019 Filing 10 LETTER: From Attorney Amy Pimer, responding to the #4 Notice of Admission Requirement, advising that counsel is in the process of preparing admission applications. {Envelope attached}. (rep)
January 22, 2019 Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Northway Mall Properties Sub LLC identifying Corporate Parent Northway Mall Properties Sub LLC for Northway Mall Properties Sub LLC.. (McHugh, Timothy)
January 22, 2019 Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Jo-Ann Stores, LLC. (McHugh, Timothy)
January 18, 2019 Filing 7 Northway Mall Properties Sub LLC's ANSWER to Complaint , CROSSCLAIM against Tower Cleaning Systems, Inc., COUNTERCLAIM against Pauline E. Lundstrom by Northway Mall Properties Sub LLC. (Attachments: #1 Certificate of Service)(McHugh, Timothy)
January 18, 2019 Filing 6 Jo-Ann Stores, LLC's ANSWER to Complaint , CROSSCLAIM against Tower Cleaning Systems, Inc., COUNTERCLAIM against Pauline E. Lundstrom by Jo-Ann Stores, LLC. (Attachments: #1 Certificate of Service)(McHugh, Timothy)
January 11, 2019 ***Answer due date updated for Jo-Ann Stores, LLC answer due 1/18/2019. (jdp, )
January 11, 2019 Filing 5 NOTICE of Admission Requirement as to Party Northway Mall Properties Sub LLC; Attorney Wayne A. Graver, Esq. Admissions due by 1/25/2019. (jdp, )
January 11, 2019 Filing 4 NOTICE of Admission Requirement as to Party Tower Cleaning Systems, Inc.; Attorney Amy Pimer, Esq. Phone number is 212-972-1000. Admissions due by 1/25/2019. (jdp, )
January 11, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 2/26/2019 at 11:30 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/19/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, )
January 10, 2019 Filing 2 STATE COURT COMPLAINT. (jdp, )
January 10, 2019 Filing 1 NOTICE OF REMOVAL from Albany County Supreme Court, case number 04573-18 (Filing fee $400 receipt number 4614427) filed by Jo-Ann Stores, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet)(jdp, )

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Defendant: Jo-Ann Stores, LLC
Represented By: Timothy J. McHugh
Represented By: Michael F McKeon
Represented By: Wayne A Graver
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Defendant: Northway Mall Properties Sub LLC
Represented By: Michael F McKeon
Represented By: Timothy J. McHugh
Represented By: Wayne A Graver
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Defendant: Tower Cleaning Systems, Inc.
Represented By: Amy Pimer
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Plaintiff: Pauline E. Lundstrom
Represented By: Robert S. Bruschini
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