Perez v. Maybach International Group, LLC et al
| Arlyn Perez |
| Maybach International Group, LLC and Adley Brutus |
| 1:2024cv01027 |
| February 12, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E530210054622 on 2/29/2024. (tg) |
Filing 10
ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to remand this case to the Supreme Court of New York, County of Bronx. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2024) (tg) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 NOTICE OF APPEARANCE by Linda Simmons on behalf of Arlyn Perez..(Simmons, Linda) |
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter,, filed by Maybach International Group, LLC, Adley Brutus. ENDORSEMENT: Defendants have not established that this Court has subject matter jurisdiction based on diversity. Defendants write, "In the Complaint, plaintiff states that she resides in Bronx County, while Defendants Maybach International Group, LLC and Adley Brutus are residents of Illinois and Florida respectively." In the Court's order at Dkt. 6, it states that "a limited liability company has the citizenship of its members." Jean-Louis v. Carrington Mortg. Servs., LLC, 849 F. App'x 296, 298 (2d Cir. 2021). As such, Defendants must allege the citizenship of each member of the LLC and the place of incorporation and principal place of business of any corporate entities that are members of the LLC (including the citizenship of any members of the LLC that are themselves LLCs), see Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000). Defendants are directed to read Court orders more carefully in the future as to the information that the Court is requesting. Accordingly, Defendants are directed to file a letter no later than February 23, 2024 that provides information regarding the members of Maybach International Group, LLC, or the court will remand the case back to state court because of lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/21/2024) (tg)
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| Filing 7 LETTER addressed to Judge Valerie E. Caproni from Christopher M. Coleman dated February 21, 2024 re: Court Order To Show Cause/Jurisdiction/Amount in Controversy. Document filed by Adley Brutus, Maybach International Group, LLC. (Attachments: #1 Exhibit Plaintiff's Summons & Complaint, #2 Exhibit Plaintiff's Operative Report, #3 Exhibit MRI Report, #4 Exhibit Plaintiff's Verified Bill of Particulars, #5 Exhibit Jury Verdict Summary, #6 Exhibit Jury Verdict Summary, #7 Exhibit MRI Report, #8 Exhibit Jury Verdict Summary).(Coleman, Christopher) |
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Filing 6
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that by no later than Wednesday, February 21, 2024, Defendants must file an affidavit that establishes that this Court has subject matter jurisdiction or the case will be remanded to New York Supreme Court for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/14/2024) (tg)
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| Filing 5 NOTICE OF APPEARANCE by Christopher Marshall Coleman on behalf of Adley Brutus, Maybach International Group, LLC..(Coleman, Christopher) |
| Filing 4 CIVIL COVER SHEET filed..(Coleman, Christopher) |
| Filing 3 FILING ERROR - DUPLICATE DOCKET ENTRY -CIVIL COVER SHEET filed..(Coleman, Christopher) Modified on 2/13/2024 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Coleman, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Marshall Coleman. The party information for the following party/parties has been modified: Adley Brutus, Maybach International Group, LLC, Arlyn Perez. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Jennifer Willis 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Marshall Coleman. The following case opening statistical information was erroneously selected/entered: Dollar Demand blank; County code Bronx; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 818633/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28937591).Document filed by Adley Brutus, Maybach International Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Coleman, Christopher) |
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