Holland v. Creative Environments, LLC
| Delinda Holland |
| Creative Environments, LLC |
| 1:2022cv00688 |
| June 28, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Filing 13 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 8/22/2022 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the issue of Jurisdiction. The R16 conference will be rest by chambers at the appropriate time. (tab) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Clerk removed a Text Order, originally posted as Dkt. no. 13, directing the filing of a CCMP. The Initial Conference scheduled for 8/22/2022 will be adjourned. (tab) |
Filing 12
TEXT ONLY ORDER - Pending is defendant's letter motion requesting that the court deem defendant's papers filed in response to the court's order to show cause as timely. (Dkt. Nos. 8, 10, 11.) Defendant's letter motion, (Dkt. No. 10), is GRANTED. Plaintiff's response, if any, shall be filed by 12:00 P.M. on July 14, 2022. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/13/2022. (jel, )
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| Filing 11 AMENDED DOCUMENT by Creative Environments, LLC. Amendment to #1 Notice of Removal, . (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Cartwright, Daniel) |
| Filing 10 Letter Motion from Defendant for Creative Environments, LLC requesting Filing submitted to Judge Sharpe . (Cartwright, Daniel) |
| Filing 9 NOTICE of Appearance by David H. Walsh, IV on behalf of Creative Environments, LLC (Walsh, David) |
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Filing 8
TEXT ONLY ORDER - On March 30, 2022, plaintiff Delinda Holland commenced an action in New York State Supreme Court in Ulster County against Creative Environments, LLC. (Dkt. No. 2.) Creative removed the action to this court based on diversity of citizenship pursuant to 28 U.S.C. 1332. (Dkt. No. 1 15.) Creative has not met its burden of demonstrating that diversity among the parties exists, and that such diversity is complete. See Herrick Co., Inc. v. SCS Commc'ns, Inc., 251 F.3d 315, 322-23 (2d Cir. 2001). First, to establish Holland's domicile Creative asserts that Holland resides in New Jersey. (Dkt. No. 1 12.) Residence alone is insufficient to establish domicile for jurisdictional purposes. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996). Second, Creative has not adequately described its own domicile. For purposes of establishing diversity, an LLC has the citizenship of each of its members. See Cater v. HealthPort Technologies, LLC, 822 F.3d 47, 60 (2d Cir. 2016). Absent from the notice of removal is any mention of the domiciles of each of Creative's members. (Dkt. No. 1.) Accordingly, Creative has not established the existence of complete diversity. Creative is hereby ORDERED to show cause, in writing by 12:00 P.M. on July 11, 2022, why this case should not be remanded to Supreme Court in Ulster County, for lack of subject matter jurisdiction. A response by Holland, if any, shall be filed by 12:00 P.M. on July 12, 2022. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/6/2022. (jel, )
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| Filing 7 NOTICE of Appearance by Sam J. Shlivko on behalf of Delinda Holland (Shlivko, Sam) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Creative Environments, LLC identifying Other Affiliate Full Moon Resorts for Creative Environments, LLC. (pjh, ) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Attorney Sam J. Shlivko, Email address is sam@samwantsjustice.com. Phone number is 212-888-6601. Admissions due by 7/12/2022. {Notice served upon attorney via e-mail}(pjh, ) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/22/2022 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {GO25 served upon Attorney Sam Shlivko via e-mail}(pjh, ) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Creative Environments, LLC originally filed in Ulster County Supreme Court. (pjh, ) |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Ulster County Supreme Court. (pjh, ) |
| Filing 1 NOTICE OF REMOVAL from Ulster County Supreme Court, case number EF2022-676 (Filing fee $402 receipt number ANYNDC-5950526) filed by Creative Environments, LLC. (Attachments: #1 Exhibit 1 - State Court Summons and Complaint, #2 Exhibit 2 - NYSCEF docket, #3 Exhibit 3 - State Court Answer, #4 Exhibit 4 - Response to Defendant's Combined Demands, #5 Civil Cover Sheet)(pjh, ) |
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| Plaintiff: Delinda Holland | |
| Represented By: | Sam J. Shlivko |
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| Defendant: Creative Environments, LLC | |
| Represented By: | Daniel Cartwright |
| Represented By: | David H. Walsh, IV |
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