Axial Group, LLC v. Zachert et al
| Axial Group, LLC |
| Zachert Private Equity GmbH and Olaf Zachert |
| 1:2021cv07323 |
| August 31, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 11
AFFIDAVIT OF SERVICE of Letter Motion to Withdraw as Counsel served on Zachert Private Equity and GmbH and Olaf Zachert on 10/22/2021. Service was made by Mail. Document filed by Olaf Zachert, Zachert Private Equity GmbH..(Warren, Christopher)
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Filing 10
LETTER MOTION to Substitute Attorney. Old Attorney: Christopher D. Warren, New Attorney: To Be Determined addressed to Judge J. Paul Oetken from Christopher D. Warren dated 10/22/2021. Document filed by Olaf Zachert, Zachert Private Equity GmbH..(Warren, Christopher)
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Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Olaf Zachert waiver sent on 9/13/2021, answer due 12/13/2021; Zachert Private Equity GmbH waiver sent on 9/13/2021, answer due 12/13/2021. Document filed by Axial Group, LLC..(Gazivoda, Gina)
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Filing 8
FIRST AMENDED COMPLAINT amending #1 Complaint against Olaf Zachert, Zachert Private Equity GmbH with JURY DEMAND.Document filed by AXIAL GROUP, LLC. Related document: #1 Complaint. (Attachments: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C).(Gazivoda, Gina)
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Filing 7
ORDER granting #6 Motion to Amend/Correct: PLAINTIFFS MOTION TO AMEND AT #6 IS GRANTED. THE COURT IS SATISFIED THAT DIVERSITY JURISDICTION EXISTS OVER THIS ACTION. PLAINTIFF IS DIRECTED TO FILE THE PROPOSED AMENDED COMPLAINT AND INCORPORATED EXHIBITS ON THE DOCKET IN A SEPARATE ENTRY ENTITLED AMENDED COMPLAINT. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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Filing 6
FIRST MOTION to Amend/Correct #1 Complaint . Document filed by AXIAL GROUP, LLC. (Attachments: #1 Exhibit Exhibit PL-1_Plaintiff's Amended Verified Complaint, #2 Exhibit Exhibit PL-2_Plaintiff's Amended Verified Complaint Blackline Draft, #3 Exhibit Exhibit A to Plaintiff's Amended Verified Complaint, #4 Exhibit Exhibit B to Plaintiff's Amended Verified Complaint, #5 Exhibit Exhibit C to Plaintiff's Amended Verified Complaint).(Gazivoda, Gina)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gina Marie Gazivoda. The party information for the following party/parties has been modified: AXIAL GROUP, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
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Filing 5
ORDER: Plaintiff Axial Group, LLC invokes this Court's diversity jurisdiction. 28 U.S.C. 1332. But the complaint does not adequately allege complete diversity, because it does not allege the citizenship of each of the members of the limited liability companies in this matter. The complaint alleges that both Axial Group, LLC, and Zachert Private Equity GMBH are limited liability companies. (Dkt. No. 1 ("Compl.") Paragraphs 16-17). The place of incorporation, principal place of business, or citizenship of a registered agent of a limited liability company are not relevant to the question of diversity of citizenship under 1332. Rather, for purposes of diversity jurisdiction, an LLC has the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012)). Accordingly, in order to invoke this Court's diversity jurisdiction, Plaintiff must allege that the citizenship of Axial Group, LLC, was diverse from each member of Zachert Private Equity GMBH, and from Olaf Zachert, at the time of this action's filing. Therefore, Plaintiff shall, on or before September 9, 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. ( Amended Pleadings due by 9/9/2021.) (Signed by Judge J. Paul Oetken on 9/2/2021) (vfr)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Olaf Zachert, Zachert Private Equity GmbH..(gp)
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Case Designated ECF. (gp)
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Magistrate Judge Gabriel W. Gorenstein 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. (gp)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gina Marie Gazivoda. The following case opening statistical information was erroneously selected/entered: Cause of Action code 12:635 Breach of Insurance Contract. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332 (Diversity Action). (gp)
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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..(gp)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gina Marie Gazivoda. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 150 (Contract: Recovery/Enforcement). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other). (gp)
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Filing 3
CIVIL COVER SHEET filed..(Gazivoda, Gina)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Olaf Zachert and Zachert Private Equity GMBH, re: #1 Complaint. Document filed by AXIAL GROUP, LLC..(Gazivoda, Gina)
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Filing 1
COMPLAINT against Olaf Zachert, Zachert Private Equity GmbH. Document filed by AXIAL GROUP, LLC. (Attachments: #1 A, #2 B, #3 C).(Gazivoda, Gina)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Gina Marie Gazivoda. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-25009311, paid on 9/1/2021..(gp)
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***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Gina Marie Gazivoda 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 9/7/2021. (pc)
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