Cui v. Edwards et al

1:24-cv-05198 | New York Eastern District Court

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Division Brooklyn
Judge Judge Natasha C. Merle
Filed July 25, 2024
Case Flags ACO and DJI
Magistrate Magistrate Judge Marcia M. Henry
Nature of Suit 350 Motor Vehicle
Cause 28:1332 Diversity-Auto Negligence
Jury Demand None
Last Updated: 6 months ago Show Interactive Timeline
Filing Date # Docket Text
8/12/2024
  • Order
ORDER re 5 : The Court is in receipt of Defendants' response to the Court's Order to Show Cause. Plaintiff may respond to Defendants letter by 08/26/2024 if they choose, but are not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 08/12/2024. (RA) (Entered: 08/12/2024)
8/9/2024
  • Response
RESPONSE TO ORDER TO SHOW CAUSE by Michael Allen Edwards, Irvington Transport, LLC (Reiter, Lorne) (Entered: 08/09/2024)
8/7/2024ORDER TO SHOW CAUSE: Pursuant to Fed. R. Civ. P. 12(h)(3), the Court must dismiss an action if it determines at any time that it lacks subject-matter jurisdiction. Further, this Court has an obligation to examine its subject-matter jurisdiction sua sponte. Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). Here, the Court requires clarification to properly establish this Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(2).

The Notice of Removal alleges that Defendant Irvington Transport LLC ("Irvington Transport") is an LLC organized in the state of Indiana with its principal place of business in Indianapolis, Indiana. (Notice of Removal, ECF No. 1 para. 8.) The Notice of Removal also states that Michael Allen Edwards ("Edwards") is the "sole owner" of Irvington Transport LLC and is domiciled in, and a resident of, Indiana. (Id. at paras. 8-9.) The Court requires further clarification about whether Edwards is also the sole member of Irving Transport because an LLC takes the citizenship of each of its members. See Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). A party must plead the identity and citizenship of an LLC, proceeding up the chain of ownership until the citizenship of every individual or corporation with a direct or indirect interest in the LLC party is alleged. Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016) (allegation that an LLC "is a citizen of a different state" is deficient "because it contains no allegation as to the identity or citizenship" of the members); see also Local Civ. R. 81.1(1) (requiring notice of removal based on diversity of citizenship to set forth for an LLC the residence and domicile "for all its partners or members").

Accordingly, Defendants shall file a letter of no more than three (3) pages by 08/19/2024 addressing the issues raised in this Order, including relevant facts and legal authority as needed. Failure to timely respond to this Order may result in a sua sponte recommendation to dismiss this action without prejudice for lack of subject matter jurisdiction. Plaintiff may respond to Defendants letter by 08/26/2024 if they choose, but are not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 08/07/2024. (RA) (Entered: 08/07/2024)

7/25/2024This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 07/25/2024)
7/25/2024This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) (Entered: 07/25/2024)
7/25/2024Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) (Entered: 07/25/2024)
7/25/2024Case Assigned to Judge Natasha C. Merle and Magistrate Judge Marcia M. Henry. 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. (CV) (Entered: 07/25/2024)
7/25/2024Civil Cover Sheet.. by Michael Allen Edwards, Irvington Transport, LLC (Reiter, Lorne) (Entered: 07/25/2024)
7/25/2024NOTICE OF REMOVAL by Michael Allen Edwards, Irvington Transport, LLC from Supreme Court, Queens County, case number 704247/2024. ( Filing fee $ 405 receipt number ANYEDC-18106880) (Attachments: # 1 Exhibit A - Verified Complaint, # 2 Exhibit B - Verified Answer, # 3 Exhibit C - demand for ad damnum, # 4 Exhibit D - response to demand for ad damnum, # 5 Exhibit Cert. of Service) (Reiter, Lorne) (Entered: 07/25/2024)