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Casner & Edwards
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Order | Filed: May 10, 2024 | Entered: May 10, 2024 Endurance American Insurance Co. v. John Moriarty & Associates, Inc. et al
Insurance | Massachusetts
Order ~Util - Terminate Motions
District Judge Julia E. Kobick: ELECTRONIC ORDER entered.
Endurance’s conditional motion for jurisdictional discovery 42 is DENIED as moot. In light of the defendants’ updated corporate disclosure statement, the Court is satisfied of its jurisdiction under 28 U.S.C. § 1332(a) in this case. The defendants’ updated corporate disclosure statement represents that defendant Americaribe-Moriarty JV is a joint venture between John Moriarty & Associates of Florida, Inc. and Americaribe, LLC. John Moriarty & Associates of Florida, Inc. is incorporated in and has its principal place of business in Massachusetts. Americaribe, LLC has a single member, a natural person residing in Florida. The defendants also represent that although Americaribe, LLC is a wholly owned subsidiary of Civil & Building North America, Inc. (“CBNA”), CBNA is not a member of Americaribe. Finally, they represent that CBNA is incorporated in and has its principal place of business in Florida. The Court need not determine, under Florida law, whether an entity can have an ownership interest in an LLC and not be a member, because in all events, Americaribe is a citizen of Florida. See BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 697-98 (1st Cir. 2023) (in determining the diversity of an unincorporated association, if all potential sources of citizenship are known, and diversity is satisfied regardless, it is not necessary to determine who is a member). The remaining two defendants—John Moriarty & Associates, Inc., and John Moriarty & Associates of Florida, Inc.—are incorporated in and have their principal places of business in Massachusetts. Thus, the defendants are citizens of Massachusetts and Florida, the plaintiff is a citizen of Delaware and New York, and the parties are diverse. (Currie, Haley)
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Misc | Filed: May 10, 2024 | Entered: May 10, 2024 State of Tennessee et al v. Ideal Horizon Benefits, LLC et al
Truth in Lending | Tennessee Eastern
Stipulation
STIPULATION re 265 MOTION to Intervene by Commonwealth of Kentucky. (Attachments: # 1 Other Proposed Order)(Fata, Paul)
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Order | Filed: May 10, 2024 | Entered: May 10, 2024 State of Tennessee et al v. Ideal Horizon Benefits, LLC et al
Truth in Lending | Tennessee Eastern
Order on Motion for Miscellaneous Relief Order on Motion to Withdraw
ORDER granting 248 Motion for Interim Compensation ; granting 272 Motion to Withdraw. See order for details. Signed by District Judge Clifton L Corker on 5/10/2024. (JCK)
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