Pointone Capital LLC v. Eclipse Advisors LLC et al
| Pointone Capital LLC |
| Eclipse Advisors LLC, BS Solutions Inc., Medical Management Institute Inc., Mittere Tax & Advisory, LLC, Mittere, Inc., 3333 Old Milton Clinic, LLC, 3333 Old Milton Hyperbaric, LLC, 3333 Physical Therapy, LLC, Alpharetta Weightloss & Counseling, LLC, AM Terminal Holding, LLC, AOA Cares, Inc., AOA-AMC, LLC, City of Atlanta Fund, LLC, DTL Investments, LLC, HST, Inc., IBS Solutions Inc., Innovative Business Practices, Inc., Intelligent Network Solutions, Inc., JCFJR Holdings, LLC, Curepoint Dublin LLC, Curepoint Holdings LLC, Atlanta Curepoint Cancer Diagnostics LLC, Phillip Edward Miles and Michael Miles |
| 6:2022cv06444 |
| October 17, 2022 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing 6
STIPULATION AND ORDER of Discontinuance without Prejudice. Signed by Hon. Frank P. Geraci, Jr. on 11/17/22. (JHF)This was mailed to: Steven Zakharyayev, 10 W. 37th Street, RM 602, New York, NY 10018.
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| Filing 5 STIPULATION of Dismissal Stipulation To Discontinue Action Without Prejudice and Without Costs as to All Defendants by 3333 Old Milton Clinic, LLC, 3333 Old Milton Hyperbaric, LLC, 3333 Physical Therapy, LLC, AM Terminal Holding, LLC, AOA Cares, Inc., AOA-AMC, LLC, Alpharetta Weightloss & Counseling, LLC, Atlanta Curepoint Cancer Diagnostics LLC, BS Solutions Inc., City of Atlanta Fund, LLC, Curepoint Dublin LLC, Curepoint Holdings LLC, DTL Investments, LLC, Eclipse Advisors LLC, HST, Inc., IBS Solutions Inc., Innovative Business Practices, Inc., Intelligent Network Solutions, Inc., JCFJR Holdings, LLC, Medical Management Institute Inc., Michael Miles, Phillip Edward Miles, Mittere Tax & Advisory, LLC, Mittere, Inc. (Heskin, Shane) |
| Filing 4 Corporate Disclosure Statement by 3333 Old Milton Clinic, LLC, 3333 Old Milton Hyperbaric, LLC, 3333 Physical Therapy, LLC, AM Terminal Holding, LLC, AOA Cares, Inc., AOA-AMC, LLC, Alpharetta Weightloss & Counseling, LLC, Atlanta Curepoint Cancer Diagnostics LLC, BS Solutions Inc., City of Atlanta Fund, LLC, Curepoint Dublin LLC, Curepoint Holdings LLC, DTL Investments, LLC, Eclipse Advisors LLC, HST, Inc., IBS Solutions Inc., Innovative Business Practices, Inc., Intelligent Network Solutions, Inc., JCFJR Holdings, LLC, Medical Management Institute Inc., Michael Miles, Phillip Edward Miles, Mittere Tax & Advisory, LLC, Mittere, Inc.. (Heskin, Shane) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| Filing 3 TEXT ORDER: On October 17, 2022, Defendants filed a #1 Notice of Removal. In considering whether removal of an action from state court is proper, this Court is bound by the inflexible rule requiring it "without exception" to determine sua sponte if jurisdiction is lacking. Cave v. E. Meadow Union Free Sch. Dist., 514 F.3d 240, 250 (2d Cir. 2008). In this case, it is not apparent from the face of the Notice of Removal that complete diversity exists. Defendants' Notice of Removal is insufficient to establish diversity jurisdiction because it fails to adequately allege the citizenship and identity of each member of the plaintiff and defendant limited liability companies. See Lastres Cap. Grp. LLC v. Union Mutual Fire Ins. Co., No. 21-CV-3141, 2021 WL 2401012, at *1 (E.D.N.Y. June 11, 2021) ("[T]he complaint must set forth the identity and citizenship of each member individually."); see also Go Farm Hemp, LLC v. Canopy Growth USA, LLC, No. 19-CV-1370, 2019 WL 5842908, at *1 (W.D.N.Y. Nov. 7, 2019) ("With respect to the limited liability companies who are the parties to this matter, the citizenship of a limited liability company is not the state in which it is organized or has its principal place of business, but rather, each of the states in which [its] members [reside]." (quotation and citation omitted)). Defendants are directed to show cause through the filing of an amended Notice of Removal and a supporting affidavit, as to why this action should not be remanded for lack of subject matter jurisdiction, on or before November 10, 2022. See Herrick Co., Inc. v. SCS Commc'ns, Inc., 251 F.3d 315, 322-23 (2d Cir. 2001) ("[I]t is well established that [t]he party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete."(quotations and citation omitted)). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/20/2022. (MFM)This was mailed to: plaintiff's counsel. |
| 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. (TMK) |
| Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 2 Corporate Disclosure Statement by 3333 Old Milton Clinic, LLC, 3333 Old Milton Hyperbaric, LLC, 3333 Physical Therapy, LLC, AM Terminal Holding, LLC, AOA Cares, Inc., AOA-AMC, LLC, Alpharetta Weightloss & Counseling, LLC, Atlanta Curepoint Cancer Diagnostics LLC, BS Solutions Inc., City of Atlanta Fund, LLC, Curepoint Dublin LLC, Curepoint Holdings LLC, DTL Investments, LLC, Eclipse Advisors LLC, HST, Inc., IBS Solutions Inc., Innovative Business Practices, Inc., Intelligent Network Solutions, Inc., JCFJR Holdings, LLC, Medical Management Institute Inc., Mittere Tax & Advisory, LLC, Mittere, Inc.. (Heskin, Shane) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of The State of New York, County of Monroe, case number E2022007406 (Filing fee $402 receipt number ANYWDC-4700144), filed by AM Terminal Holding, LLC, Curepoint Dublin LLC, 3333 Old Milton Clinic, LLC, Eclipse Advisors LLC, IBS Solutions Inc., Curepoint Holdings LLC, Innovative Business Practices, Inc., Atlanta Curepoint Cancer Diagnostics LLC, HST, Inc., AOA-AMC, LLC, Mittere, Inc., Michael Miles, BS Solutions Inc., 3333 Physical Therapy, LLC, AOA Cares, Inc., DTL Investments, LLC, JCFJR Holdings, LLC, City of Atlanta Fund, LLC, 3333 Old Milton Hyperbaric, LLC, Medical Management Institute Inc., Phillip Edward Miles, Alpharetta Weightloss & Counseling, LLC, Intelligent Network Solutions, Inc., Mittere Tax & Advisory, LLC. (Attachments: #1 Exhibit 1 - State Court Docket and All State Court Filings, #2 Sheet Civil Cover Sheet) (Heskin, Shane) |
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