Sinatra & Company Real Estate LLC v. Northern Security Insurance Company
| Sinatra & Company Real Estate LLC |
| Northern Security Insurance Company |
| 1:2020cv00041 |
| January 10, 2020 |
| US District Court for the Western District of New York |
| Hugh B Scott |
| Lawrence J Vilardo |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
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Filing 12
TEXT ORDER RE: Scheduling.Barring an unforeseen need to revisit the issue, the Court is satisfied that the supplemental information about LLC membership (Dkt. No. 11) fully addresses the concern about diversity jurisdiction. The Court now will proceed with scheduling in the ordinary course.On or before 4/8/2020, the parties will file a joint report that addresses the issues covered in Rules 16(c) and 26(f) and Local Rule 16(b); any issues not applicable to this case should be mentioned briefly as not applicable. The parties will meet and confer in good faith to accomplish this goal.The parties are further directed to begin Rule 26 initial disclosures immediately.The Court will issue a Scheduling Order after receiving the joint report.Under 28 U.S.C. 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. (See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. A copy of the Court's chamber guide, also available on the WDNY website, is attached for counsel's convenience.SO ORDERED. Issued by Hon. Hugh B. Scott on 2/27/2020. (GAI)
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Filing 11
NOTICE OF REMOVAL by Northern Security Insurance Company Supplemental Notice of Removal (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Corporate Disclosure Statement)(Cercone, Marco)
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Filing 10
DEMAND for Trial by Jury by Sinatra & Company Real Estate LLC. (Berloth, Christopher)
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Filing 9
Corporate Disclosure Statement by Sinatra & Company Real Estate LLC. (Berloth, Christopher)
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Filing 8
TEXT ORDER RE: Diversity Jurisdiction.The Second Circuit recently reminded the District Courts that the citizenship of a Limited Liability Company tracks the citizenship of its individual members and that diversity of citizenship cannot be assumed. See Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 618 (2d Cir. 2019) ("A district court may not assume subject-matter jurisdiction when the record does not contain the necessary prerequisites for its existence.").The record in this case so far does not make certain that diversity of citizenship exists. The complaint filed in state court mentioned that plaintiff is a Delaware LLC with a principal place of business in New York. The complaint and the moving papers, however, technically do not confirm who the members of the LLC are and what the citizenship of those members might be.On or before 2/26/2020, the Court needs to receive confirmation that complete diversity of citizenship exists. Defendant, as the removing party, will bear the burden of filing the necessary confirmation. See Montefiore Med. Ctr. v. Teamsters Local 272, 642 F.3d 321, 327 (2d Cir. 2011) ("A party seeking removal bears the burden of showing that federal jurisdiction is proper.") (citation omitted). SO ORDERED. Issued by Hon. Hugh B. Scott on 2/12/2020. (GAI)
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Filing 7
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Hugh B. Scott, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/11/2020. (CMD)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(LB)
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Filing 6
DEMAND for Trial by Jury by Northern Security Insurance Company. (Cercone, Marco)
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Filing 5
Corporate Disclosure Statement by Northern Security Insurance Company. (Cercone, Marco)
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Filing 4
ANSWER to Complaint by Northern Security Insurance Company. (Attachments: #1 Exhibit Exhibit A to Answer)(Cercone, Marco)
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Case reassigned to the Hon. Lawrence J. Vilardo due to recusal of the Hon. John L. Sinatra. (JMM)
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Filing 3
TEXT ORDER OF RECUSAL: Due to a conflict, I hereby recuse myself from further involvement in this matter and ask the Clerk of the Court to reassign this matter to another district judge. SO ORDERED. Signed by Hon. John L. Sinatra, Jr. on 1/13/2020. (KLH)-CLERK TO FOLLOW UP-
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Case assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (CGJ)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(CGJ)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ)
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Filing 2
CERTIFICATE OF SERVICE by Northern Security Insurance Company re #1 Notice of Removal, (Cercone, Marco)
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Filing 1
NOTICE OF REMOVAL by Northern Security Insurance Company from Erie County Supreme Court, case number 815950/2019. (Filing fee $ 400 receipt number 0209-3704014), filed by Northern Security Insurance Company. (Attachments: #1 Exhibit A-D of the Notice of Removal, #2 Civil Cover Sheet)(Cercone, Marco)
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| Plaintiff: Sinatra & Company Real Estate LLC | |
| Represented By: | Christopher M. Berloth |
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| Defendant: Northern Security Insurance Company | |
| Represented By: | Marco Cercone |
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