71 Fifth Ground Lessor LLC et al v. Liberty Mutual Fire Insurance Co. et al
| 71 Fifth Ground Lessor LLC and Citizens Insurance Company of America |
| Joseph Gonzalez, Craven Corporation, LSL Construction Services Inc., Lubert-Adler Management Company, L.P., Michael Morales, Samco Properties, LLC., Centennial Elevator Industries Inc., MC 71 Fifth Avenue Realty LLC., Craven Management Corporation, Liberty Mutual Fire Insurance Co., Ace Property and Casualty Insurance Company and Chubb Insurance Company |
| 1:2020cv10775 |
| December 21, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Insurance |
| 28 U.S.C. § 1332 in |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.
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Filing 22
MEMO ENDORSEMENT on re: Notice to Attorney Regarding Deficient Request for Issuance of Summons. ENDORSEMENT: This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a). The Clerk of Court is respectfully directed to terminate this action. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/11/2021) (kv)
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| Filing 21 FIRST LETTER addressed to Judge Lewis J. Liman from Sim R. Shapiro dated January 8, 2021 re: Withdrawing Complaint. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sim R. Shapiro to RE-FILE Document No. #20 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the PDF 'To' section does not match exactly as it appears on the pleading caption (Ace Property and Casualty Company). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 20 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Co., Ace Property and Casualty Insurance Company, Chubb Insurance Company, MC 71 Fifth Avenue Realty, LLC., Lubert-Adler Management Company, L.P., Samco Properties, LLC., Centennial Elevator Industries, Inc., LSL Construction Services, Inc., Craven Corporation, Craven Management Corporation, Michael Morales, and Joseph Gonzalez, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America. (Attachments: #1 Rider Sheet).(Shapiro, Sim) Modified on 1/8/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sim R. Shapiro to RE-FILE Document No. #19 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all of the parties as to whom the summons is being requested must be listed in the as to docket entry. The caption on the summons PDF must exactly match the caption on the pleading. If the entire cation does not fit, list the leading party followed by 'et al.'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Co., Ace Property and Casualty Insurance Company, Chubb Insurance Company, MC 71 Fifth Avenue Realty LLC., Lubert-Adler, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America. (Attachments: #1 Rider Sheet).(Shapiro, Sim) Modified on 1/7/2021 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sim R. Shapiro to RE-FILE Document No. #18 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; all of the parties as to whom the summons is being requested must be listed in the as to docket entry. Do not use 'et al' in in the docket entry text. The caption on the summons PDF must exactly match the caption on the pleading. If the entire cation does not fit, list the leading party followed by 'et al.' Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Co., et. al., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America. (Attachments: #1 Rider Sheet).(Shapiro, Sim) Modified on 1/5/2021 (dnh). |
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Filing 17
ORDER: This action was filed on December 21, 2020. Dkt. No. 1. The complaint invokes diversity jurisdiction pursuant to 28 U.S.C. 1332, but it does not specify the citizenship of Plaintiff 71 Fifth Ground Lessor LLC or its members, or Defendants MC 71 Fifth Avenue Realty LLC, Lubert-Adler Management Company, L.P. and Samco Properties, L.L.C. or their members. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-53 (2d Cir. 2000) (for diversity purposes, a limited liability company has the citizenship of each of its members and a limited partnership has the citizenship of each of its general and limited partners). The complaint also does not provide sufficient information for the Court to assess whether Plaintiff Citizens Insurance Company of America and Defendant Liberty Mutual Fire Insurance Co. are diverse parties. See Dkt. No. 1 6-7 (pleading that each is "an insurance company authorized to do business within the State of New York and maintaining an office in the Commonwealth of Massachusetts"). Plaintiff is directed to file a letter with the Court by January 8, 2021 that demonstrates whether diversity jurisdiction is properly pled. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/30/2020) (va)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sim R. Shapiro to RE-FILE Document No. #16 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the party names whom summons is for must be listed on the 'as to' docket entry text and must not contain 'et al'; the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; the PDF 'To' section must contain 'see attached rider' after the last listed party and not 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 16 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Co., et. al., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America. (Attachments: #1 Rider Sheet).(Shapiro, Sim) Modified on 12/29/2020 (jgo). |
| Filing 15 CIVIL COVER SHEET filed..(Shapiro, Sim) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sim R. Shapiro to RE-FILE Document No. #5 Request for Issuance of Summons, #9 Request for Issuance of Summons, #12 Request for Issuance of Summons, #7 Request for Issuance of Summons, #13 Request for Issuance of Summons, #10 Request for Issuance of Summons, #11 Request for Issuance of Summons, #6 Request for Issuance of Summons, #3 Request for Issuance of Summons, #8 Request for Issuance of Summons, #14 Request for Issuance of Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF case caption does not exactly match the pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; one summons request may be filed for all of the parties listing all of the parties on the PDF 'To' section. If all of the party names do not fit on the PDF 'To' section, a rider may be attached listing the parties and party information;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sim R. Shapiro to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020; 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Filing 14 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Gonzalez, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 13 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Morales, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 12 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Craven Management Corporation, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 11 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Craven Corporation, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 10 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to LSL Construction Services Inc., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 9 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Centennial Elevator Industries Inc., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 8 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Samco Properties, LLC, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 7 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Lubert-Adler Management Company, L.P., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MC 71 Fifth Avenue Realty LLC., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chubb Insurance Company, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ace Property & Casualty Company, re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Fire Insurance Co., re: #1 Complaint,,. Document filed by 71 Fifth Ground Lessor LLC, Citizens Insurance Company of America..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Shapiro, Sim) Modified on 12/22/2020 (jgo). |
| Filing 1 COMPLAINT against Ace Property and Casualty Insurance Company, Centennial Elevator Industries Inc., Chubb Insurance Company, Craven Corporation, Craven Management Corporation, Joseph Gonzalez, LSL Construction Services Inc., Liberty Mutual Fire Insurance Co., Lubert-Adler Management Company, L.P., MC 71 Fifth Avenue Realty LLC., Michael Morales, Samco Properties, LLC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23132925)Document filed by Citizens Insurance Company of America, 71 Fifth Ground Lessor LLC..(Shapiro, Sim) |
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