Intl Hanley, LLC v. Frangos Pioneiro Industriae Comercio de Alimentos Ltda

Justia Dockets & Filings Second Circuit New York Southern District Intl Hanley, LLC v. Frangos Pioneiro Industriae Comercio de Alimentos Ltda

Intl Hanley, LLC v. Frangos Pioneiro Industriae Comercio de Alimentos Ltda

Plaintiff:	Intl Hanley, LLC
Defendant:	Frangos Pioneiro Industriae Comercio de Alimentos Ltda
Case Number:	1:2012cv07493
Filed:	October 5, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Miriam Goldman Cedarbaum
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
May 23, 2013	Filing 14 MEMORANDUM OPINION AND ORDER re: 10 MOTION for Default Judgment as to Defendant. INTL Hanley, LLC moves for a default judgment against Frangos Pioneiro Industriae Comercio de Alimentos LTDA in this diversity action. For the following reasons, the m otion is denied and the complaint is dismissed. A limited liability companys citizenship for diversity purposes is the citizenship of its members. Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 52-53 (2d Cir. 2000). The complaint does n ot contain sufficient allegations regarding either the plaintiff or defendant to establish diversity jurisdiction. I explained this deficiency to INTL Hanleys counsel at a conference on March 19, 2013. I instructed INTL Hanley that should it wish to make a motion for default judgment, it must submit information on the citizenship of the members of both parties. INTL Hanley failed to do so. Furthermore, counsel for INTL Hanley failed to appear on the return date for the default judgment motion, e ven though this return date was selected by counsel. Accordingly, INTL Hanleys motion for default judgment is denied. The complaint is dismissed for failure to establish subject matter jurisdiction. The clerk is directed to close the case. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 5/23/2013) (rsh)

Date Filed

Document Text

May 23, 2013

Filing 14 MEMORANDUM OPINION AND ORDER re: 10 MOTION for Default Judgment as to Defendant. INTL Hanley, LLC moves for a default judgment against Frangos Pioneiro Industriae Comercio de Alimentos LTDA in this diversity action. For the following reasons, the m otion is denied and the complaint is dismissed. A limited liability companys citizenship for diversity purposes is the citizenship of its members. Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 52-53 (2d Cir. 2000). The complaint does n ot contain sufficient allegations regarding either the plaintiff or defendant to establish diversity jurisdiction. I explained this deficiency to INTL Hanleys counsel at a conference on March 19, 2013. I instructed INTL Hanley that should it wish to make a motion for default judgment, it must submit information on the citizenship of the members of both parties. INTL Hanley failed to do so. Furthermore, counsel for INTL Hanley failed to appear on the return date for the default judgment motion, e ven though this return date was selected by counsel. Accordingly, INTL Hanleys motion for default judgment is denied. The complaint is dismissed for failure to establish subject matter jurisdiction. The clerk is directed to close the case. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 5/23/2013) (rsh)

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Plaintiff: Intl Hanley, LLC
Represented By:	Morse Geller
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Defendant: Frangos Pioneiro Industriae Comercio de Alimentos Ltda
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