Tuebor REIT Sub LLC v. Paul
| Tuebor REIT Sub LLC |
| Natin Paul and Nate Paul |
| 1:2019cv08540 |
| September 13, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. ยง 1332 bc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
AMENDED COMPLAINT amending #1 Complaint, against Natin Paul.Document filed by Tuebor REIT Sub LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - Guaranty, #2 Exhibit B - Loan Agreement, #3 Exhibit C - Promissory Note and Allonge, #4 Exhibit D - Assignments, #5 Exhibit E - First Amendment, #6 Exhibit F - Second Amendment)(Nagi, Jason)
|
|
Filing 7
ORDER granting #6 Letter Motion for Leave to File Document. GRANTED. PLAINTIFF SHALL FILE THE AMENDED COMPLAINT ON OR BEFORE OCTOBER 3, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
|
|
Filing 6
LETTER MOTION for Leave to File Amended Complaint addressed to Judge J. Paul Oetken from Jason A. Nagi dated September 25, 2019. Document filed by Tuebor REIT Sub LLC. (Attachments: #1 Redline of Complaint)(Nagi, Jason)
|
|
Filing 5
ORDER: Plaintiff invokes this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332. However, the Complaint does not adequately demonstrate the Court's subject matter jurisdiction because it does not allege the citizenship of each of the members of the LLC plaintiff. The place of incorporation, principal place of business, or citizenship of a registered agent of a limited liability company are not relevant to the question of diversity of citizenship under 1332. Rather, for purposes of diversity jurisdiction, an LLC has the citizenship of each of its members. See ICON MW, LLC v. Hofmeister, 950 F. Supp. 2d 544, 546 (S.D.N.Y. 2013) (citing Bayerische Landesbank v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012)). Thus, in order to invoke this Court's diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC plaintiff was diverse from Defendant at the date of this action's filing. Therefore, Plaintiff shall, on or before September 30, 2019, either (1) show cause as to why its complaint should not be dismissed for lack of subject matter jurisdiction, or (2) move to file an amended complaint that properly pleads jurisdiction. If Plaintiff fails to do so, this action may be dismissed. ( Motions due by 9/30/2019.) (Signed by Judge J. Paul Oetken on 9/16/2019) (mro)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to Natin Paul. (pc)
|
|
Case Designated ECF. (pc)
|
|
Magistrate Judge Sarah Netburn 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jason A. Nagi. The following case opening statistical information was erroneously selected/entered: Dollar Demand $61,500,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Natin Paul, re: #1 Complaint,. Document filed by Tuebor REIT Sub LLC. (Nagi, Jason)
|
|
Filing 2
CIVIL COVER SHEET filed. (Nagi, Jason)
|
|
Filing 1
COMPLAINT against Natin Paul. (Filing Fee $ 400.00, Receipt Number ANYSDC-17597757)Document filed by Tuebor REIT Sub LLC. (Attachments: #1 Exhibit A - Guaranty, #2 Exhibit B - Loan Agreement, #3 Exhibit C - Promissory Note and Allonge, #4 Exhibit D - Assignments, #5 Exhibit E - First Amendment, #6 Exhibit F - Second Amendment)(Nagi, Jason)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
