Cartagena et al v. Homeland Insurance Company of New York
| Sneaker Addict Touring, LLC, Joseph Cartagena, Terror Squad Touring, LLC and Joseph A. Cartagena |
| Homeland Insurance Company of New York |
| 1:2019cv06287 |
| July 8, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 8
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/8/2019 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/15/2019) (ks)
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| Filing 7 RESPONSE re: #5 Order,,,,,, . Document filed by Joseph A. Cartagena, Sneaker Addict Touring, LLC. (Carberry, John) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Homeland Insurance Company of New York waiver sent on 7/8/2019, answer due 9/6/2019. Document filed by Sneaker Addict Touring, LLC; Joseph A. Cartagena. (Carberry, John) |
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Filing 5
ORDER: The Court is charged with reviewing the pleadings and ascertaining whether it has subject matter jurisdiction over the action. The instant case alleges state law claims for breach of contract, for breach of the implied covenant of good faith and fair dealing, and for declaratory relief. (Dkt. No. 1 paragraphs 23-47.) Jurisdiction is predicated on diversity of citizenship. (Id. paragraph 2.) Plaintiff Cartagena pleads that he is a citizen of Florida, but Plaintiff Sneaker Addict Touring, LLC has pleaded only that it is a "citizen, resident and domiciliary" of the State of Florida. (Id. paragraph 4.) Defendant is alleged to be a citizen of New York. (Id. paragraph 5.) However, for diversity purposes, an LLC's citizenship is the citizenship of every member of the LLC. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). So that the Court can ascertain whether subject matter jurisdiction exists, Plaintiff must file with the Court, within ten (10) business days, a list of all members of the Plaintiff LLC and their states of residence. For any corporate members of the LLC, that will be both the state of incorporation and the state where the corporation maintains its principal place of business. For individual members of the LLC, it is the state of the individual member's residence. If any member of the LLC is a citizen of New York, it will defeat diversity. This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 7/9/2019) (mro)
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| Filing 4 CIVIL COVER SHEET filed. (Carberry, John) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Stewart D. Aaron 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney John Francis Carberry. The following party/parties has been removed from this case: Terror Squad Touring, LLC. The party was added to the case in error. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Francis Carberry to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match initial pleading caption; Citizenship Defendant code - multiple selections; the PDF was not signed by the attorney;. 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 June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Francis Carberry. The party information for the following party/parties has been modified: Joseph A. Cartagena. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sneaker Addict Touring, LLC.(Carberry, John) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Carberry, John) Modified on 7/9/2019 (jgo). |
| Filing 1 COMPLAINT against Homeland Insurance Company of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-17201935)Document filed by Joseph Cartagena, Sneaker Addict Touring, LLC.(Carberry, John) |
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