White v. Phase One Communications, Inc. et al
| Xavier White |
| Phase One Network, Inc., Frank Babar and Phase One Communications, Inc. |
| 1:2022cv06603 |
| August 3, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 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) Frank Babar, Phase One Communications, Inc., Phase One Network, Inc.. Document filed by Xavier White. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Callner, Michelle) |
Filing 7
ORDER: granting #6 Letter Motion for Extension of Time to Amend #6 FIRST LETTER MOTION for Extension of Time to Amend the Complaint. addressed to Judge Analisa Torres from Michelle Callner dated August 29, 2022. The Court has reviewed Plaintiff's letter filed on August 29, 2022, requesting an extension of time to amend his complaint in response to the Court's August 19, 2022 order. ECF No. 6. Accordingly, Plaintiff's request is GRANTED. By September 6, 2022, Plaintiff may amend his complaint to ensure that there is complete diversity between the parties. Failure to amend will result in the Court dismissing the complaint for lack of subject matter jurisdiction. The Court notes that, for it to maintain subject matter jurisdiction over this action by reason of diversity of citizenship pursuant to 28 U.S.C. 1332, there must be complete diversity between the parties, meaning that no plaintiff and no defendant may be citizens of the same state. See OneWest Bank, N.A. v. Melina, 827 F.3d 214, 21718 (2d Cir. 2016). The current version of the complaint does not adequately show that there is complete diversity between the parties because, based on the facts alleged, Plaintiff and Defendants Phase One Network, Inc., and Frank Babar are all citizens of New York. See Compl. Paragraphs 2-4, ECF No. 3. The Clerk of Court is directed to REOPEN the case. SO ORDERED. Amended Pleadings due by 9/6/2022. (Signed by Judge Analisa Torres on 8/31/2022) (ama)
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| Filing 6 FIRST LETTER MOTION for Extension of Time to Amend the Complaint addressed to Judge Analisa Torres from Michelle Callner dated August 29, 2022. Document filed by Xavier White..(Callner, Michelle) |
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Filing 5
ORDER: The August 25, 2022 deadline has elapsed, and Plaintiff has not shown cause in writing, amended his complaint, or otherwise communicated with the Court. Accordingly, this action is DISMISSED for failure to show subject-matter jurisdiction. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 8/29/2022) (kv)
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| Filing 4 CIVIL COVER SHEET filed..(Callner, Michelle) |
| Filing 3 COMPLAINT against Frank Babar, Phase One Network, Inc., Phase One Communications, Inc.. Document filed by Xavier White..(Callner, Michelle) |
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Filing 2
ORDER: Accordingly, by August 25, 2022, Plaintiffs shall show cause in writing why the case should not be dismissed for lack of subject matter jurisdiction. Failure to respond will result in the Court dismissing the complaint for lack of subject matter jurisdiction. (Signed by Judge Analisa Torres on 8/19/2022) (ate)
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| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michelle Adams Callner. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michelle Adams Callner to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. 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) |
| 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..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Frank Babar, Phase One Network, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26500398)Document filed by Xavier White..(Callner, Michelle) Modified on 8/4/2022 (sj). |
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