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Platzer Swergold
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ADR | Filed: May 09, 2024 | Entered: May 09, 2024 Mchedlishvili v. Finkelstein et al
Labor: Fair Standards | New York Eastern
Report of Mediation(Settled/Unsettled)
REPORT of Mediation Settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 5/23/2024. (DS)
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Order | Filed: May 03, 2024 | Entered: May 03, 2024 Vox Funding LLC v. Don Green Electric LLC et al
Contract: Other | New York Eastern
Order(Other)
ORDER. Having reviewed the Notice of Removal (ECF No. 2 ), the Court notes that federal district courts have a duty to examine whether federal subject matter jurisdiction exists and must dismiss a case if the jurisdictional predicate is lacking. See Sprout Mortg., LLC v. Consol. Analytics, No. 21-cv-04415 (JMA) (JMW), 2021 U.S. Dist. LEXIS 156152 (E.D.N.Y. Aug. 17, 2021). The Notice of Removal herein alleges subject matter jurisdiction predicated on diversity of citizenship pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants. Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117- 18 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)). The citizenship of a limited liability company (LLC) is determined by the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Vill. Assocs. Ltd Pship, 213 F.3d 48, 5152 (2d Cir. 2000); White v. Abney, No. 17-CV-4286 (MKB), 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019). A Notice of Removal premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. Udg Mgmt., LLC v. Ironshore Indem. Corp., No. 24-CV-2777 (VEC), 2024 U.S. Dist. LEXIS 73879, at *1 (S.D.N.Y. Apr. 23, 2024). For diversity purposes, LLCs have the imputed citizenship of each of their members. Barnes v. Fort Hamilton Fam. Homes, No. 21-cv-1044 (BMC), 2021 WL 861801, at *1 (E.D.N.Y. March 8, 2021). Here, the Notice of Removal states that Defendants are domiciles of Florida and Plaintiffs are domiciles of New York. (ECF No. 2 at 2.) Since the Notice of Removal fails to allege the citizenship of Plaintiff Vox Funding LLC's, Defendant Don Green Electric LLC's, and Defendant Emerald Management Group LLC's members, Defendants are directed to file a letter on or before May 17, 2024 identifying the citizenship of each of the members of the LLC. So Ordered by Magistrate Judge James M. Wicks on 5/3/2024. (HM)
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Utility | Filed: May 02, 2024 | Entered: May 02, 2024 Vox Funding LLC v. Don Green Electric LLC et al
Contract: Other | New York Eastern
Case Assigned/Reassigned
Case Assigned to Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL)
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