Laba v. JBO Worldwide Supply Pty Ltd
| Remi Laba |
| Orange Butterfly Holdings (Mauritius) International Limited and JBO Worldwide Supply Pty Ltd |
| 1:2020cv03443 |
| May 3, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alvin K Hellerstein |
| Contract: Other |
| 15 U.S.C. § 294 |
| None |
Docket Report
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Filing 13
ORDER DISMISSING FOR LACK OF JURISDICTION. Plaintiff Remi Laba filed this action to recover damages from Defendants for breach of contract and under related state law claims. See ECF No. 1. Laba asserts that subject matter jurisdiction exists here due to diversity of citizenship, 28 U.S.C. 1332. See ECF No. 1 at paragraph 1. Because Laba has not adequately pleaded diversity of citizenship, I dismiss the Complaint for lack of jurisdiction, with leave to amend, and as further set forth in this Order. Unable to determine whether this Court has jurisdiction over this case, I dismiss the Complaint, 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."). Laba is hereby instructed to file an amended complaint that adequately alleges a basis for jurisdiction within 30 days of the issuance of this order. Depending on the structure of the Defendants, this may entail pleading the citizenship of each of Defendants' members. SO ORDERED. JBO Worldwide Supply Pty Ltd and Orange Butterfly Holdings (Mauritius) International Limited terminated. (Signed by Judge Alvin K. Hellerstein on 6/26/2020) (rjm)
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Filing 12
CLERK CERTIFICATE OF MAILING of one copy of the Summons Issued OBH, Civil Cover Sheet, Complaint, and Judge Hellerstein Rules mailed to Orange Butterfly Holdings (Mauritius) International Limited at 699 Pierneef Street, Deerness Street 0084, Pretoria South Africa on 6/22/2020 by Federal Express tracking # 7706 6259 9113, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii)..(smc)
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Filing 11
CLERK CERTIFICATE OF MAILING of one copy of the Summons Issued JBO, Civil Cover Sheet, Complaint, and Judge Hellerstein Rules mailed to JBO Worldwide Supply Pty Ltd at 3 Watergras Street, Moreleta, Pretoria, Gauteng 0181 on 6/22/2020 by Federal Express tracking # 7706 6262 2078, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii)..(smc)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter Request for Conference filed by Orange Butterfly Holdings (Mauritius) International Limited, JBO Worldwide Supply Pty Ltd. ENDORSEMENT: The parties will appear for a status conference on July 10, 2020, at 10:00am. Details as to whether the conference will be held by phone, and if so, how to access the conference, will be provided the week of the conference., ( Status Conference set for 7/10/2020 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/9/20) (yv)
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Filing 9
LETTER addressed to Judge Alvin K. Hellerstein from Jonathan E. Moskin dated June 8, 2020 re: Request for Conference. Document filed by JBO Worldwide Supply Pty Ltd, Orange Butterfly Holdings (Mauritius) International Limited..(Moskin, Jonathan)
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Filing 8
COMPLAINT against JBO Worldwide Supply Pty Ltd, Orange Butterfly Holdings (Mauritius) International Limited. Document filed by Remi Laba..(Sussmane, Kenneth)
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Filing 7
CIVIL COVER SHEET filed..(Sussmane, Kenneth)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Orange Butterfly Holdings (Mauritius) International Limited..(pne)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to JBO Worldwide Supply Pty Ltd..(pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth Sussmane. The party information for the following party/parties has been modified: Orange Butterfly Licensing (Mauritius) International Limited was modified to Orange Butterfly Holdings (Mauritius) International Limited. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Case Designated ECF. (pne)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kenneth Sussmane to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the party/parties whom the pleading is against were not selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kenneth Sussmane to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. 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.. (pne)
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Filing 4
FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Sussmane, Kenneth) Modified on 5/4/2020 (pne).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to ORANGE BUTTERFLY HOLDINGS (MAURITIUS) INTERNATIONAL LIMITED, re: #1 Complaint. Document filed by Remi Laba..(Sussmane, Kenneth)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to JBO Worldwide Supply Pty Ltd, re: #1 Complaint. Document filed by Remi Laba..(Sussmane, Kenneth)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-19687327)Document filed by Remi Laba..(Sussmane, Kenneth) Modified on 5/4/2020 (pne).
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