Choi v. Amsterdam Nursing Home Corporation et al
| EUN JUNG CHOI |
| ACP AMSTERDAM I, LLC., ACP AMSTERDAM II, LLC, Amsterdam Nursing Home Corporation, ACP AMSTERDAM III, LLC and ACP Amsterdam I, LLC |
| 1:2020cv10068 |
| December 1, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 8
STIPULATION OF PARTIAL DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) ACP AMSTERDAM I, LLC., ACP AMSTERDAM II, LLC., and ACP AMSTERDAM III, LLC., pursuant to the Federal Rules of Civil Procedure 41 (a)(l )(A)(ii). SO ORDERED. ACP Amsterdam III, LLC, ACP Amsterdam I, LLC and ACP Amsterdam II, LLC terminated. (Signed by Judge J. Paul Oetken on 12/23/2020) (jca)
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| Filing 7 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) ACP Amsterdam I, LLC, ACP Amsterdam II, LLC, ACP Amsterdam III, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Eun Jung Choi. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Napoli, Joseph) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #7 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) ACP Amsterdam I, LLC, ACP Amsterdam II, LLC, ACP Amsterdam III, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Eun Jung Choi. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Napoli, Joseph) Modified on 12/21/2020 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Joseph Napoli. RE-FILE Document No. #6 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (dt) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to ACP Amsterdam I, LLC, ACP Amsterdam II, LLC, ACP Amsterdam III, LLC, Amsterdam Nursing Home Corporation..(dnh) |
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Filing 4
ORDER: PLAINTIFF ALLEGES THAT THERE IS SUBJECT MATTER JURISDICTION BASED ON DIVERSITY OF CITIZENSHIP. 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 DEFENDANTS. FOR PURPOSES OF DIVERSITY JURISDICTION, A LIMITED LIABILITY COMPANY'S PLACE OF REGISTRATION AND PRINCIPAL PLACE OF BUSINESS ARE IRRELEVANT. INSTEAD, AN LLC HAS THE CITIZENSHIP OF EACH OF ITS MEMBERS. HERE, FOR EXAMPLE, IF ANY OF THE MEMBERS OF ACP AMSTERDAM I, LLC; ACP AMSTERDAM II, LLC; OR ACP AMSTERDAM III, LLC, IS A CITIZEN OF NEW JERSEY, THAT WOULD DESTROY DIVERSITY OF CITIZENSHIP. TO PROPERLY INVOKE THIS COURT'S DIVERSITY JURISDICTION, PLAINTIFF SHALL, ON OR BEFORE JANUARY 2, 2021, 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. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to AMSTERDAM NURSING HOME CORPORATION ACP AMSTERDAM I, LLC., ACP AMSTERDAM II, LLC., and ACP AMSTERDAM III, LLC.,, re: #1 Complaint. Document filed by Eun Jung Choi..(Napoli, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Napoli, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Peter Napoli. The party information for the following party/parties has been modified: Eun Jung Choi; ACP Amsterdam I, LLC; ACP Amsterdam II, LLC; ACP Amsterdam III, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Peter Napoli. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| 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 #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..(sj) |
| Magistrate Judge Ona T. Wang 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 1 COMPLAINT against ACP AMSTERDAM I, LLC., ACP AMSTERDAM II, LLC, ACP AMSTERDAM III, LLC, Amsterdam Nursing Home Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-22831433)Document filed by EUN JUNG CHOI..(Napoli, Joseph) |
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