Absolute Resolutions Investments, LLC v. Citibank, N.A
| Absolute Resolutions Investments, LLC |
| Citibank, N.A |
| 1:2022cv00335 |
| January 13, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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Filing 11
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff, Absolute Resolutions Investments, LLC, hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/26/2022) (tg)
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| Filing 10 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Citibank, N.A. Document filed by Absolute Resolutions Investments, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Aronoff, Yonaton) |
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Filing 9
ORDER: Plaintiff Absolute Resolutions Investments, LLC ("Absolute") here invokes subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. 1332. If Absolute is, indeed, a limited liability company, as its name would imply, then its Complaint must allege (1) the citizenship of natural persons who are members of the limited liability company and (2) the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. By February 1, 2022, Absolute shall amend its pleading to allege the citizenship of each constituent person or entity of the LLC. See Handelsman v. Bedford Village Associates Ltd Partnership, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."). If Absolute is unable to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then its Complaint will be dismissed without prejudice for lack of subject matter jurisdiction. See Curley v. Brignoli, Curley & Roberts Assoc., 915 F.2d 81, 83 (2d Cir. 1990) ("[S]ubject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power."). SO ORDERED. ( Amended Pleadings due by 2/1/2022.) (Signed by Judge Paul A. Engelmayer on 1/19/2022) (va)
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| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Analisa Torres is no longer assigned to the case. (aea) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Citibank, N.A..(pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) |
| Civil Case Opening Fee Payment: for #1 Complaint. Filing fee $ 402.00, receipt number ANYSDC-25586871..(Aronoff, Yonaton) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Yonaton Aronoff. Civil Case Opening Fee of Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 1/19/2022..(pc) |
| Filing 7 NOTICE OF APPEARANCE by Alisha Louise McCarthy on behalf of Absolute Resolutions Investments, LLC..(McCarthy, Alisha) |
| Filing 6 NOTICE OF APPEARANCE by Jonathan Andrew Harris on behalf of Absolute Resolutions Investments, LLC..(Harris, Jonathan) |
| Filing 5 NOTICE OF APPEARANCE by Yonaton Aronoff on behalf of Absolute Resolutions Investments, LLC..(Aronoff, Yonaton) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CITIBANK, N.A., re: #1 Complaint. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton) |
| Filing 2 CIVIL COVER SHEET filed..(Aronoff, Yonaton) |
| Filing 1 COMPLAINT against Citibank, N.A. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton) |
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| Plaintiff: Absolute Resolutions Investments, LLC | |
| Represented By: | Alisha Louise McCarthy |
| Represented By: | Jonathan Andrew Harris |
| Represented By: | Yonaton Aronoff |
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| Defendant: Citibank, N.A | |
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