Hill et al v. Norlite, LLC et al
| Ed Sokol, Audrey Anna Gallardo, Chelsea Sturtevant, Brittany McNair, Margaret Franklin, Debra Hill, David Olivencia, Margaret Sevinsky, Jennifer Malinowski and Christopher Sevinsky |
| Tradebe Environmental Services, LLC, Norlite, LLC and Tradebe Treatment and Recycling Northeast, LLC |
| 1:2021cv00439 |
| April 16, 2021 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| None |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 20
TEXT ORDER: The Court has reviewed Plaintiffs' status report #19 . Plaintiffs seek to withdraw their motion to remand, and they seek a court conference under N.D.N.Y. Local Rule 7.1(a)(2) to discuss their request for expedited discovery #19 . Plaintiffs' request to withdraw the motion to remand is GRANTED and the motion to remand #13 is hereby withdrawn. Plaintiffs' request for a court conference under N.D.N.Y. Local Rule 7.1(a)(2) is referred to Magistrate Judge Stewart. So Ordered by Judge Brenda K. Sannes on 6/4/2021. (nmk)
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| Filing 19 STATUS REPORT pursuant to this Court's Text Order dated May 19, 2021 by Margaret Franklin, Audrey Anna Gallardo, Debra Hill, Jennifer Malinowski, Brittany McNair, David Olivencia, Christopher Sevinsky, Ed Sokol, Chelsea Sturtevant. (Oswald, Phillip) |
| Filing 18 NOTICE of Change of Address by Phillip A. Oswald Effective Date 5/27/2021 Old Address: 25 Walton Street, Saratoga Springs, NY 12866 New Address: 227 Washington Street, Suite 1C, Saratoga Springs, NY 12866 (Oswald, Phillip) |
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Filing 17
TEXT ORDER: The Court has reviewed Plaintiffs' request #12 for a conference regarding their motion to remand this matter for lack of diversity jurisdiction #13 . The current briefing schedule on the motion to remand is ADJOURNED and the parties are directed to confer and file a status report by June 3, 2021, as to whether there is general diversity jurisdiction under 28 U.S.C. 1332(a)(1), see Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1021 n.4 (9th Cir. 2007) ("Federal diversity jurisdiction still exists for other class actions that satisfy the general diversity jurisdiction provision of 1332(a)."); see also 2:1, Subject matter jurisdiction requirementsDiversity of citizenship issues, 1 McLaughlin on Class Actions 2:1 (17th ed.) ("The [CAFA] did not preempt other valid bases for the assertion of jurisdiction over class actions." (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 572 (2005)), because the diversity of an LLC is based on the citizenship of its members, not its principal place of business, see Baverische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012) (explaining that unlike corporations, "a limited liability company... takes the citizenship of each of its members"), and, according to Defendants, no member of the Defendant LLCs are citizens of New York, (see Dkt. No. 1, 6-10). The Court will set a briefing schedule or conference if necessary following the filing of the status report. So Ordered by Judge Brenda K. Sannes on 5/19/2021. (nmk)
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Filing 16
TEXT ORDER granting Defendants' #15 Letter Request seeking an adjournment of the deadline to file a response to Plaintiffs' Complaint in this matter. The deadline for Defendants to file a response to the Complaint is ADJOURNED without date pending a decision on Plaintiffs' Motion for Remand. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/19/2021. (mab)
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| Filing 15 Letter Motion from James P. Ray for Norlite, LLC, Tradebe Environmental Services, LLC, Tradebe Treatment and Recycling Northeast, LLC requesting extension of time to respond to the Complaint submitted to Judge Judge Brenda K. Sannes and Magistrate Judge Daniel J. Stewart . (Ray, James) |
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Filing 14
TEXT ORDER granting Plaintiffs' #11 Letter Request seeking an adjournment of the deadlines in this matter under General Order #25. The Rule 16 Initial Conference scheduled for May 21, 2021 before the undersigned and the deadlines for the parties to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the Motion to Remand. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/14/2021. (mab)
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| Filing 13 MOTION to Remand to State Court filed by Margaret Franklin, Audrey Anna Gallardo, Debra Hill, Jennifer Malinowski, Brittany McNair, David Olivencia, Christopher Sevinsky, Ed Sokol, Chelsea Sturtevant. Motion returnable before Judge Brenda K. Sannes and Magistrate Judge Daniel J. Stewart Response to Motion due by 6/4/2021. Reply to Response to Motion due by 6/11/2021 (Attachments: #1 Declaration of Phillip A. Oswald, Esq. in Support of Plaintiffs' Motion to Remand, to Drop Parties, and for Fees and Costs, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Memorandum of Law in Support of Plaintiffs' Motion to Remand, to Drop Parties, and for Fees and Costs) (Oswald, Phillip) |
| Filing 12 Letter Motion from Phillip Oswald, Esq. for Margaret Franklin, Audrey Anna Gallardo, Debra Hill, Jennifer Malinowski, Brittany McNair, David Olivencia, Christopher Sevinsky, Ed Sokol, Chelsea Sturtevant requesting a conference pursuant to Local Rule 7.1(a)(2) submitted to Judge Brenda K. Sannes and Magistrate Judge Daniel J. Stewart . (Oswald, Phillip) |
| Filing 11 Letter Motion from Phillip Oswald, Esq. for Margaret Franklin, Audrey Anna Gallardo, Debra Hill, Jennifer Malinowski, Brittany McNair, David Olivencia, Christopher Sevinsky, Ed Sokol, Chelsea Sturtevant requesting an adjournment of the current deadlines under the G.O. 25 Filing Order submitted to Judge Brenda K. Sannes and Magistrate Judge Daniel J. Stewart . (Oswald, Phillip) |
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Filing 10
TEXT ORDER: Based upon the agreement of the parties, Defendants' #9 Letter Request seeking an extension of time to file a response to the Complaint in this matter is GRANTED. Defendants shall file a response on or before May 19, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/23/2021. (mab)
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| Filing 9 Letter Motion from James P. Ray for Norlite, LLC, Tradebe Environmental Services, LLC, Tradebe Treatment and Recycling Northeast, LLC requesting extension of time to respond to the Complaint submitted to Judge Judge Brenda K. Sannes and Magistrate Judge Daniel J. Steward . (Attachments: #1 Stipulation)(Ray, James) |
| Filing 8 CERTIFICATE OF SERVICE by Norlite, LLC, Tradebe Environmental Services, LLC, Tradebe Treatment and Recycling Northeast, LLC re #3 G.O. 25 Filing Order, (Ray, James) |
| Filing 7 CERTIFICATE OF SERVICE by Norlite, LLC, Tradebe Environmental Services, LLC, Tradebe Treatment and Recycling Northeast, LLC re #5 FRCP 7.1 Corporate Disclosure Statement, #6 FRCP 7.1 Corporate Disclosure Statement, #4 FRCP 7.1 Corporate Disclosure Statement, #1 Notice of Removal, (Ray, James) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tradebe Treatment and Recycling Northeast, LLC. (Ray, James) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tradebe Environmental Services, LLC. (Ray, James) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Norlite, LLC. (Ray, James) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/21/2021 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/14/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| ***Answer due date updated for Norlite, LLC answer due 4/23/2021; Tradebe Environmental Services, LLC answer due 4/23/2021; Tradebe Treatment and Recycling Northeast, LLC answer due 4/23/2021. (mgh) |
| Filing 2 STATE COURT COMPLAINT filed by Margaret Franklin, Audrey Anna Gallardo, Debra Hill, Jennifer Malinowski, Brittany McNair, David Olivencia, Margaret Sevinsky, Ed Sokol, Chelsea Sturtevant. (mgh) |
| Filing 1 NOTICE OF REMOVAL from Albany County Supreme Court, case number 902279-21 (Filing fee $402 receipt number ANYNDC-5496488) filed by Tradebe Treatment and Recycling Northeast, LLC, Tradebe Environmental Services, LLC, Norlite, LLC. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet)(mgh) |
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