Ladders, Inc. v. Vindicia, Inc. et al
| Ladders, Inc. |
| Paul Larsen, Vindicia, Inc., PLC, LLC d/b/a Paul Larsen Consulting and PLC, LLC doing business as Paul Larsen Consulting |
| 1:2020cv09008 |
| October 27, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 6 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Paul Larsen, PLC, LLC, Vindicia, Inc.. Document filed by Ladders, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Short, Jonathan) |
Filing 5
MEMORANDUM OPINION & ORDER: Plaintiff Ladders, Inc. ("Ladders") commenced this action on October 27, 2020, by filing the Complaint. (Compl. [ECF No. 1].) The Complaint alleges that Ladders is a Delaware corporation with offices in New York (Compl. paragraph 1); Defendant Vindicia, Inc. ("Vindicia") is a Delaware corporation with offices in California (Compl. paragraph 2); Defendant Paul Larsen ("Larsen") resides in New York (Compl. paragraph 3); and Defendant PLC, LLC, d/b/a Paul Larsen Consulting ("PLC"), is a New York limited liability company with offices in New York (Compl. paragraph 4); as further set forth herein. Because it raised the issue of subject matter jurisdiction sua sponte, it cannot determine concretely whether Ladders, Larsen, and PLC are completely diverse, and it has not heard from the parties on the issue of indispensability, the Court dismisses the Complaint for lack of jurisdiction without prejudice and with leave to amend to cure the jurisdictional defects described above. See Minard v. Pareto Partners, No. 04 Civ. 741(CSH), 2005 WL 2206783, at *2 (S.D.N.Y. Sept. 12, 2005) ("The Court having raised sua sponte the question discussed in this Memorandum, it is fair to allow plaintiff, if so advised, to attempt to demonstrate that the parties are completely diverse."); Matthews v. Deede Realty, Inc., No. 90 Civ. 2923 (LBS), 1991 WL 2790, at *1 (S.D.N.Y. Jan. 9, 1991) (dismissing action pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction without prejudice and with leave to amend the complaint). Plaintiff shall file an Amended Complaint on or before November 28, 2020. Failure to file an Amended Complaint by that date will result in dismissal of all claims in this case without prejudice and without leave to amend. (Signed by Judge Mary Kay Vyskocil on 10/29/2020) (mro)
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| Set/Reset Deadlines: Amended Pleadings due by 11/28/2020. (mro) |
| Magistrate Judge Kevin Nathaniel Fox 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. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Mackenzie Short. The following case opening statistical information was erroneously selected/entered: Cause of Action code M:94; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1391; the County code has been modified to New York. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Mackenzie Short. The party information for the following party/parties has been modified: PLC, LLC d/b/a Paul Larsen Consulting. The information for the party/parties has been modified for the following reason/reasons: alias party was entered incorrectly. (dnh) |
| Filing 4 NOTICE OF APPEARANCE by Omar Bareentto on behalf of Ladders, Inc...(Bareentto, Omar) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ladders, Inc...(Short, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Short, Jonathan) |
| Filing 1 COMPLAINT against Paul Larsen, PLC, LLC d/b/a Paul Larsen Consulting, Vindicia, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22337961)Document filed by Ladders, Inc...(Short, Jonathan) |
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