SBL Enterprises LLC et al v. Keystone Capital Corporation et al
| SBL Enterprises LLC and John Slater |
| Malcolm Taub, Keystone Capital Corporation and Frank Nocito |
| 1:2021cv04459 |
| May 18, 2021 |
| U.S. District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Contract: Other |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.
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Filing 13
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND WITHOUT LEAVE TO AMEND: Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE and WITHOUT LEAVE TO AMEND for lack of subject matter jurisdiction. The Clerk of Court is respectfully requested to close the case. SO ORDERED (Signed by Judge Mary Kay Vyskocil on 7/1/2021) (rj)
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| Filing 12 FIRST LETTER addressed to Judge Mary Kay Vyskocil from Michael J. Romano dated July 1, 2021 re: Defendants' time to respond to the Complaint. Document filed by SBL Enterprises LLC, John Slater..(Romano, Michael) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Keystone Capital Corporation waiver sent on 6/25/2021, answer due 8/24/2021; Frank Nocito waiver sent on 6/25/2021, answer due 8/24/2021; Malcolm Taub waiver sent on 6/25/2021, answer due 8/24/2021. Document filed by SBL Enterprises LLC; John Slater..(Romano, Michael) |
| Filing 10 COMPLAINT against Keystone Capital Corporation, Frank Nocito, Malcolm Taub. Document filed by SBL Enterprises LLC, John Slater..(Romano, Michael) |
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Filing 9
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO AMEND: Accordingly, Plaintiffs have failed to plead the citizenship of Defendant Keystone. 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 8 ELECTRONIC SUMMONS ISSUED as to Malcolm Taub. (sj) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Frank Nocito. (sj) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Keystone Capital Corporation. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Debra C. Freeman 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 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Joseph Romano. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement); Dollar Demand $294,250,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the Dollar Demand has been modified to $294,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Joseph Romano to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the wrong party/parties whom the pleading is against were selected. 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. (sj) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Malcolm Taub, re: #1 Complaint. Document filed by SBL Enterprises LLC, John Slater..(Romano, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Frank Nocito, re: #1 Complaint. Document filed by SBL Enterprises LLC, John Slater..(Romano, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Keystone Capital Corporation, re: #1 Complaint. Document filed by SBL Enterprises LLC, John Slater..(Romano, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Romano, Michael) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24554739)Document filed by SBL Enterprises LLC, John Slater.(Romano, Michael) Modified on 5/19/2021 (sj). |
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