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Held & Hines
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Order | Filed: April 29, 2024 Dynamic Enjoy Corporation et al v. Piccolo by Gambrinus, LLC et al
Contract: Other | New York Southern
Order
ORDER: On April 26, 2024, I held a telephonic conference in this case. In accordance with my comments made during the conference, it is hereby: ORDERED that by May 3, 2024, the parties file a joint letter containing a brief explanation of why jur isdiction and venue lie in this Court. "[A]llegations of residency alone cannot establish citizenship." Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 10203 (2d Cir. 1997); see, e.g., Clarke v. Fisher-Park Lane Owner LLC, 19-CV-6471, 2022 WL 1468432, at *3 (S.D.N.Y. May 10, 2022) (same); Hines v. Azoth Inv. SPC Ltd., 21-CV-10309, 2022 WL 683996, at *2 (S.D.N.Y. Mar. 8, 2022) ("On its face the complaint provides no information about the citizenship of any of the natural person s who are parties to this case."). If any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. An LLC is a citizen of every state of which its members are citizens. See Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 5152 (2d Cir. 2000); Dumann Realty, LLC v. Faust, No. 09-cv-7651, 2013 WL 30672, at *2 (S.D.N.Y. Jan. 3, 2013) (recognizing that an LLC "is completely diverse from opposing parties only if all of the members of the LLC are citizens of different states than all opposing parties"). Therefore, if any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entitys members, shareholders, partners and/or trustees. IT IS FURTHER ORDERED that by May 3, 2024 Defendants file a letter informing me whether they will seek leave to file a counterclaim. If so, Defendants are directed to attach a copy of the proposed pleading to the letter. IT IS FURTHER ORDERED that by May 8, 2024 Plaintiffs file a letter informing me whether they will object to Defendants counterclaim proposal. (Signed by Judge Vernon S. Broderick on 4/29/2024) (rro)
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Order | Filed: April 26, 2024 | Entered: April 26, 2024 Dynamic Enjoy Corporation et al v. Piccolo by Gambrinus, LLC et al
Contract: Other | New York Southern
Case Management Plan
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636 (c). The case is to be tried to a jury. No additional parties may be joined after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. No additional causes of action or defenses may be asserted after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. Depositions shall be completed by July 1, 2024. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by December 31, 2024. The Court will hold a telephonic post-discovery conference on January 14, 2025 at 11:00 AM. The dial-in number is 888-363-4749 and the conference code is 2682448. The case shall be trial ready 60 days from the close of discovery or from the Court's decision on any dispositive motion. The parties have conferred and their present best estimate of the length of trial is 3 days. SO ORDERED. Depositions due by 12/31/2024. Fact Discovery due by 8/26/2024. Expert Discovery due by 12/31/2024. Discovery due by 12/31/2024. Telephone Conference set for 1/14/2025 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/26/2024) (vfr)
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Motion | Filed: April 26, 2024 | Entered: April 26, 2024 Mortley v. S&N Topaze Restaurant, Inc. et al
Labor: Fair Standards | New York Eastern
Judgment Based on Settlement
Letter MOTION for Judgment Based on Settlement by Rajin A. Mortley. (Zapffe, Carl)
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