Weihai Kangyi Trading Co., Ltd. et al v. Bank Leumi USA et al
| Greentex Trading Co., Limited and Weihai Kangyi Trading Co., Ltd. |
| Belmont Group International LLC, Mercantile Credit, Inc., Does 1 Through 10, Bank Leumi USA and S.O.E. Lines, Inc. |
| 1:2019cv04615 |
| May 20, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 23
ORDER: granting #22 Letter Motion for Extension of Time to Answer. Application GRANTED. Each Defendant's time to answer or otherwise respond to the Complaint is extended to August 1, 2019. SO ORDERED. Bank Leumi USA answer due 8/1/2019; Belmont Group International LLC answer due 8/1/2019; Does 1 Through 10 answer due 8/1/2019; S.O.E. Lines, Inc. answer due 8/1/2019. (Signed by Judge Valerie E. Caproni on 7/02/2019) (ama)
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| Filing 22 LETTER MOTION for Extension of Time to File Answer re: #18 Affidavit of Service Complaints addressed to Judge Valerie E. Caproni from Robert Fryd dated July 1, 2019. Document filed by Bank Leumi USA.(Fryd, Robert) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #1 Complaint. SO ORDERED. Mercantile Credit, Inc. answer due 8/1/2019. (Signed by Judge Valerie E. Caproni on 7/1/2019) (kv)
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| Filing 20 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Richard A. Lafont dated July 1, 2019. Document filed by Mercantile Credit, Inc..(Lafont, Richard) |
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Filing 19
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/9/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni; and as further set forth in this Order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/20/2019) (anc)
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| Filing 18 AFFIDAVIT OF SERVICE. Bank Leumi USA served on 6/18/2019, answer due 7/9/2019. Service was accepted by Ms. Steinfeld, Authorized Agent. Document filed by Weihai Kangyi Trading Co., Ltd.; Greentex Trading Co., Limited. (Kelly, Christopher) |
| Filing 17 AFFIDAVIT OF SERVICE. S.O.E. Lines, Inc. served on 6/11/2019, answer due 7/2/2019. Service was accepted by Amy Lesch, Authorized Agent, Secretary of State. Document filed by Weihai Kangyi Trading Co., Ltd.; Greentex Trading Co., Limited. (Kelly, Christopher) |
| Filing 16 AFFIDAVIT OF SERVICE. Mercantile Credit, Inc. served on 6/11/2019, answer due 7/2/2019. Service was accepted by Amy Lesch, Authorized Agent, Secretary of State. Document filed by Weihai Kangyi Trading Co., Ltd.; Greentex Trading Co., Limited. (Kelly, Christopher) |
| Filing 15 AFFIDAVIT OF SERVICE. Belmont Group International LLC served on 6/11/2019, answer due 7/2/2019. Service was accepted by Amy Lesch, Authorized Agent, Secretary of State. Document filed by Weihai Kangyi Trading Co., Ltd.; Greentex Trading Co., Limited. (Kelly, Christopher) |
| Filing 14 LETTER addressed to Judge Valerie E. Caproni from Christopher P. Kelly, Esq. dated June 7, 2019 re: Court's order dated May 24, 2019. Document filed by Greentex Trading Co., Limited, Weihai Kangyi Trading Co., Ltd.. (Attachments: #1 Exhibit A - Corporate filings, #2 Exhibit B - Bills of Lading)(Kelly, Christopher) |
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Filing 13
ORDER: IT IS HEREBY ORDERED that no later than June 7, 2019, Plaintiffs must submit: 1. Evidence reliably demonstrating (a) Defendant Belmont Group International LLC's membership and (b) the citizenship of each of its members. See St. Paul Fire & Marine Ins. Co. v. Universal Builders Supply, 409 F.3d 73, 80-81 (2d Cir. 2005) ("It is also well established that when the question is subject matter jurisdiction, the court is permitted to rely on information beyond the face of the complaint."). With respect to corporate members, see 28 U.S.C. 1332(c). Plaintiffs' evidence may consist of or be supported by authenticating affidavits where necessary. 2. A letter explaining in detail the basis for jurisdiction under 28 U.S.C. 1333. To the extent Plaintiffs wish to abandon their invocation of either Section 1332(a)(2) or Section 1333 as a basis for jurisdiction, their letter must so state. If Plaintiffs fail to reliably establish complete diversity and fail to justify jurisdiction under Section 1333, or if Plaintiffs fail to respond to this order by the above deadline, the Court will promptly dismiss this case without prejudice. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action."); 41(b) (providing that a dismissal for lack of jurisdiction is not an adjudication on the merits). (Signed by Judge Valerie E. Caproni on 5/24/2019) (mro)
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to Bank Leumi USA. (pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to S.O.E. Lines, Inc.. (pc) (Main Document 11 replaced on 5/21/2019) (pc). |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Belmont Group International LLC. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Mercantile Credit, Inc.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher P Kelly. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $1,075,698,000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to blank; the County code has been modified to XX Out of U.S.;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pc) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher P Kelly. The party information for the following party/parties has been modified: S.O.E. Lines, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to S.O.E. Lines, Inc., re: #1 Complaint,. Document filed by Greentex Trading Co., Limited, Weihai Kangyi Trading Co., Ltd.. (Kelly, Christopher) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Mercantile Credit, Inc., re: #1 Complaint,. Document filed by Greentex Trading Co., Limited, Weihai Kangyi Trading Co., Ltd.. (Kelly, Christopher) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Belmont Group International, LLC, re: #1 Complaint,. Document filed by Greentex Trading Co., Limited, Weihai Kangyi Trading Co., Ltd.. (Kelly, Christopher) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Bank Leumi, USA, re: #1 Complaint,. Document filed by Greentex Trading Co., Limited, Weihai Kangyi Trading Co., Ltd.. (Kelly, Christopher) |
| Filing 4 CIVIL COVER SHEET filed. (Kelly, Christopher) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Weihai Kangyi Trading Co., Ltd..(Kelly, Christopher) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greentex Trading Co., Limited.(Kelly, Christopher) |
| Filing 1 COMPLAINT against Bank Leumi USA, Belmont Group International LLC, Does 1 Through 10, Mercantile Credit, Inc., S.O.E. Lines, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16917199)Document filed by Weihai Kangyi Trading Co., Ltd., Greentex Trading Co., Limited.(Kelly, Christopher) |
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