Feldman v. Silver Cloud Inn
| Feldman and Aliyah Feldman |
| Silver Cloud Inn, Lake Union Silver Cloud Inn, L.L.C. doing business as Silver Cloud Inn and Silver Cloud Inc doing business as Silver Cloud Inn |
| 1:2016cv05907 |
| July 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lewis A Kaplan |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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This docket was last retrieved on September 13, 2016. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting in part and denying in part #13 Letter Motion to Reopen Case Feldman v. Silver Cloud, Inc. et al. Plaintiff moves for reconsideration of this Court's September 6, 2016 order dismissing the action for lack of subject matter jurisdiction. Plaintiff correctly points out that the Court mistakenly overlooked the fact that there is a Washington State corporation named Silver Cloud, Inc. and, to that extent, was mistaken in indicating in its August 25, 2016 order that there was not. Nevertheless, although plaintiff was directed to provide any evidence to the contrary on or before September 5, 2016, plaintiff failed to do so until after her action was dismissed in consequence of that failure. In other circumstances, the Court might be inclined to overlook plaintiff's failure in that respect. But the fact remains that the August 25, 2016 order pointed out also that plaintiff had failed adequately to allege her own citizenship, which independently was fatal to her claim of diversity of citizenship, and cited the relevant cases. Plaintiff nevertheless failed to correct that defect in her amended complaint, which presumably could have been done quite simply if she in fact is a citizen of New York and if counsel had taken the trouble to read the cases the Court cited in the August 25 order. Accordingly, the Court grants reconsideration of the September 6, 2016 order. Nevertheless, on reconsideration, the Court adheres to its original determination dismissing the action for failure adequately to allege complete diversity of citizenship. Plaintiff is free to file a new action. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/12/2016) (kko) Modified on 9/13/2016 (kko).
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| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION to Reopen Case Feldman v. Silver Cloud, Inc. et al addressed to Judge Lewis A. Kaplan from Hendrick Vandamme dated 09/08/2016. Document filed by Aliyah Feldman. (Attachments: #1 Exhibit Proposed amended complaint, #2 Exhibit Lease, #3 Exhibit Silver Loud Inc print out, #4 Exhibit Lake Union Silver Cloud LLC print out)(Vandamme, Hendrick) Modified on 9/21/2016 (db). |
| Filing 12 CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated September 6, 2016, the second amended complaint is dismissed on the ground that the Court lacks jurisdiction over the subject matter; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/7/2016) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
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Filing 11
ORDER: Accordingly, the second amended complaint is dismissed on the ground that the Court lacks jurisdiction over the subject matter. The Clerk shall enter judgment and close the case. (As further set forth in this Order) (Signed by Judge Lewis A. Kaplan on 9/6/2016) (kl)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #11 Order of Dismissal, to the Judgments and Orders Clerk. (kl) |
| Filing 10 SECOND AMENDED COMPLAINT amending #7 Amended Complaint against Lake Union Silver Cloud Inn, L.L.C., Silver Cloud Inc, Silver Cloud Inn with JURY DEMAND.Document filed by Aliyah Feldman. Related document: #7 Amended Complaint filed by Aliyah Feldman.(Vandamme, Hendrick) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Hendrick Vandamme to RE-FILE Document No. #9 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERRORSECOND AMENDED COMPLAINT amending #7 Amended Complaint against All Defendants with JURY DEMAND.Document filed by Aliyah Feldman. Related document: #7 Amended Complaint filed by Aliyah Feldman.(Vandamme, Hendrick) Modified on 9/2/2016 (dgo). |
| ADD PARTY FOR PLEADING. Defendants/Respondents SILVER CLOUD INC D/B/A SILVER CLOUD INN, LAKE UNION SILVER CLOUD INN, L.L.C., D/B/A SILVER CLOUD INN added. Party added pursuant to #7 Amended Complaint. Document filed by Aliyah Feldman. Related document: #7 Amended Complaint filed by Aliyah Feldman.(Vandamme, Hendrick) |
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Filing 8
ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. 1332. The complaint fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The citizenship of one or more natural persons. See, e.g., Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996). The citizenship of one or more partnerships. See Carden v. Arkoma Assocs., 494 U.S. 195(1990). The citizenship of one or more limited liability companies. See Handlesman v. Bedford Village Green Assocs. L.P, 213 F.3d 48, 52 (2d Cir. 2000). The nature and citizenship of one or more business entities. According to records of the Washington Secretary of State available on line, the only business entities organized under Washington law in the names of which appear the phrase "Silver Cloud Inn" are limited liability partnerships or limited liability companies. Absent satisfactory proof that the defendant Silver Cloud Inn is, as alleged in the amended complaint, a Washington corporation with its principal place of business in Washington, the Court will take judicial notice of the facts set forth in the preceding sentence. Absent the filing, on or before September 5, 2016, of an amended complaint adequately alleging the existence of subject matter jurisdiction, the action will be dismissed or, if removed, remanded. (Signed by Judge Lewis A. Kaplan on 8/25/2016) (mro)
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| Set/Reset Deadlines: Amended Pleadings due by 9/5/2016. (mro) |
| Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint against Silver Cloud Inn with JURY DEMAND.Document filed by Aliyah Feldman. Related document: #1 Complaint filed by Aliyah Feldman.(Vandamme, Hendrick) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against All Plaintiffs with JURY DEMAND.Document filed by Aliyah Feldman. Related document: #1 Complaint filed by Aliyah Feldman.(Vandamme, Hendrick) Modified on 8/25/2016 (pc). |
| Filing 5 CIVIL COVER SHEET filed. (Vandamme, Hendrick) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Silver Cloud Inn. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Hendrick Vandamme. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1391 Personal Injury; Jury Demand code n (None); Dollar Demand 500,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 Diversity Action; the Jury Demand code has been modified to p (Plaintiff); the Dollar Demand has been modified to 500,000; the Fee Status code has been modified to pd (paid);. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hendrick Vandamme. The party information for the following party/parties has been modified: All Plaintiffs Aliyah Feldman, All Defendants Silver Cloud Inn. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Hendrick Vandamme to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): No signature;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dgo) |
| Magistrate Judge Barbara C. Moses is so designated. (dgo) |
| Case Designated ECF. (dgo) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Vandamme, Hendrick) Modified on 7/25/2016 (dgo). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to SILVER CLOUD INN, re: #1 Complaint. Document filed by Aliyah Feldman. (Vandamme, Hendrick) |
| Filing 1 COMPLAINT against Silver Cloud Inn. (Filing Fee $ 400.00, Receipt Number 0208-12570714)Document filed by Aliyah Feldman.(Vandamme, Hendrick) |
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