Perez et al v. Ocasio Ruiz et al
| Renelio Perez, Old Music Live, LLC and Old Music Live |
| Raul Alejandro Ocasio Ruiz, DOES 01-10 and Does 1-10 |
| 1:2024cv01006 |
| February 9, 2024 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 13
ORDER... The case is dismissed for lack of jurisdiction. The Clerk shall close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/12/24) (yv)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Raul Alejandro Ocasio Ruiz served on 3/6/2024, answer due 3/27/2024. Document filed by Renelio Perez; Old Music Live..(Soler, Alberto) |
| Filing 11 ELECTRONIC AMENDED SUMMONS ISSUED as to Raul Alejandro Ocasio Ruiz..(pc) |
| Filing 10 FIRST AMENDED COMPLAINT amending #4 Complaint against Does 1-10, Raul Alejandro Ocasio Ruiz with JURY DEMAND.Document filed by Renelio Perez, Old Music Live. Related document: #4 Complaint. (Attachments: #1 Supplement Redline of First Amended Complaint).(Soler, Alberto) |
| Filing 9 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to RAUL ALEJANDRO OCASIO RUIZ (p/k/a RAUW ALEJANDRO), re: #4 Complaint. Document filed by Old Music Live, Renelio Perez..(Soler, Alberto) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alberto J. Soler to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) Modified on 2/22/2024 (vf). |
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Filing 8
ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. 1332. The complaint fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The nationality and citizenship of one or more natural persons. See, e.g., Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989); Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996). The exact nature and citizenship of one or more alleged limited liability companies. See Handlesman v. Bedford Village Green Assocs. LP., 213 F.3d 48, 52 (2d Cir. 2000). Absent the filing, on or before March 4, 2024 of an amended complaint adequately alleging the existence of subject matter jurisdiction, this action will be dismissed for lack of subject matter Jurisdiction. SO ORDERED. ( Amended Pleadings due by 3/4/2024.) (Signed by Judge Lewis A. Kaplan on 2/21/2024) (vfr)
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| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to RAUL ALEJANDRO OCASIO RUIZ (p/k/a RAUW ALEJANDRO), re: #4 Complaint. Document filed by Old Music Live, Renelio Perez..(Soler, Alberto) Modified on 2/22/2024 (vf). |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Raul Alejandro Ocasio Ruiz..(jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to RAUL ALEJANDRO OCASIO RUIZ (p/k/a RAUW ALEJANDRO), re: #4 Complaint. Document filed by Old Music Live, Renelio Perez..(Soler, Alberto) |
| Filing 4 COMPLAINT against Does 1-10, Raul Alejandro Ocasio Ruiz. Document filed by Renelio Perez, Old Music Live..(Soler, Alberto) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alberto J. Soler. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code Albany. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of U.S. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alberto J. Soler. The party information for the following party/parties has been modified: Renelio Perez, Old Music Live, LLC, Raul Alejandro Ocasio Ruiz, DOES 1-10. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alberto J. Soler to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alberto J. Soler to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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. (vf) |
| Filing 3 FILING ERROR - DEFICIENT- SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to RAUL ALEJANDRO OCASIO RUIZ (p/k/a RAUW ALEJANDRO), re: #1 Complaint. Document filed by Old Music Live, LLC, Renelio Perez..(Soler, Alberto) Modified on 2/12/2024 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Soler, Alberto) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-28931694)Document filed by Renelio Perez, Old Music Live, LLC..(Soler, Alberto) Modified on 2/12/2024 (vf). |
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