N47 Associates LLC et al v. Alba Services Inc. et al
| New York Marine & General Insurance Company, N47 Associates LLC and New York Marine and General Insurance Company, Inc. |
| Accredited Surety and Casualty Company, Inc. and Alba Services Inc. |
| 1:2021cv03490 |
| April 20, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Insurance |
| 28 U.S.C. § 1332 jd |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 FIRST AMENDED COMPLAINT amending #5 Complaint, #3 Complaint, against Accredited Surety and Casualty Company, Inc., Alba Services Inc..Document filed by N47 Associates LLC, New York Marine and General Insurance Company, Inc.. Related document: #5 Complaint, #3 Complaint,. (Attachments: #1 Exhibit A - Alba-N47 Contract, #2 Exhibit B - Tender Letters).(Ladia-Garcia, Anne Marie) |
Filing 7
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO AMEND: Because the Court lacks subject matter jurisdiction, the Complaint must be dismissed. 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."); Arbaugh, 546 U.S. at 514 ("[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety."); Banks-Gervais v. Bd. of Elections, No. 18-CV-5252 (RJD)(VMS), 2018 WL 10070504, at *2 (E.D.N.Y. Sept. 28, 2018) ("When a court lacks subject matter jurisdiction, dismissal is mandatory." (citing Arbaugh, 546 U.S. at 514)). And because the Court raised the issue of subject matter jurisdiction sua sponte, the Complaint is dismissed without prejudice and with leave to amend to cure the jurisdictional defects described above. See, e.g., 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."). Plaintiffs shall file an Amended Complaint on or before June 19, 2021. 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. SO ORDERED. (Amended Pleadings due by 6/19/2021.) (Signed by Judge Mary Kay Vyskocil on 5/19/2021) (mml)
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| Filing 6 CIVIL COVER SHEET filed..(Ladia-Garcia, Anne Marie) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anne Marie Ladia-Garcia. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| 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..(jgo) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Anne Marie Ladia-Garcia to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code was not selected; multiple Citizenship Plaintiff and Defendant codes were selected;. 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 5 COMPLAINT against Accredited Surety and Casualty Company, Inc., Alba Services Inc.. Document filed by N47 Associates LLC, New York Marine and General Insurance Company, Inc.. (Attachments: #1 Exhibit A - Alba-N47 Contract, #2 Exhibit B - Tender Letters).(Ladia-Garcia, Anne Marie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anne Marie Ladia-Garcia to RE-FILE Document No. #3 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading must be the main document; remove the first two pages of the PDF. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 4/27/2021. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-24426026, paid on 4/20/2021..(jgo) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Ladia-Garcia, Anne Marie) Modified on 4/23/2021 (jgo). |
| Filing 3 FILING ERROR - PDF ERROR - COMPLAINT against Accredited Surety and Casualty Company, Inc., Alba Services Inc.. Document filed by N47 Associates LLC, New York Marine & General Insurance Company. (Attachments: #1 Exhibit A - Alba-N47 Contract, #2 Exhibit B - Tender Letters).(Ladia-Garcia, Anne Marie) Modified on 4/22/2021 (jgo). |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Anne Marie Ladia-Garcia to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 4/26/2021. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Anne Marie Ladia-Garcia. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 2 DEMAND for Trial by Jury. Document filed by N47 Associates LLC, New York Marine & General Insurance Company.(Ladia-Garcia, Anne Marie) |
| Filing 1 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by N47 Associates LLC, New York Marine & General Insurance Company..(Ladia-Garcia, Anne Marie) |
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