Brown et al v. Showtime Networks Inc et al
| New York Southern District Court | |
| Judge: | Colleen Mcmahon |
| Case #: | 1:18-cv-11078 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1367 Other Property Damage |
| Case Filed: | Nov 28, 2018 |
| Terminated: | Aug 05, 2019 |
| Last checked: Monday May 27, 2019 4:47 AM EDT |
|
Defendant
B2 Entertainment LLC
4240 Glen Vista Court
Duluth, GA 30097 |
Represented By
|
|
Defendant
Tracey Baker-Simmons
4240 Glen Vista Court
Duluth, GA 30097 |
Represented By
|
|
Defendant
British Broadcasting Corporation
|
Represented By
|
|
Defendant
Wanda Shelley
4240 Glen Vista Court
Duluth, GA 30097 |
Represented By
|
|
Defendant
Showtime Networks Inc
|
Represented By
|
|
Defendant
Simmons Shelley Entertainment LLC
4240 Glen Vista Court
Duluty, GA 30097 |
Represented By
|
|
Plaintiff
Robert Brown
|
Represented By
|
|
Plaintiff
The Estate of Bobbi Kristina Brown
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Passion Pictures Corp
Terminated: 03/27/2019
|
|
| 1. | Bobby Brown files lawsuit against Showtime and BBC over Whitney Houston documentary (nbcnews.com) |
| Submitted Wed 11/28/2018 | |
| Docket last updated: 11/25/2024 11:59 PM EST |
| Thursday, September 05, 2019 | ||
| 71 | 71
3
pgs
order
Order
Thu 09/05 2:15 PM
RESPONSE TO LETTER FROM COUNSEL FOR PLAINTIFF: Finally, Attorney Brown's original letter suggested that the court should reconsider the jurisdictional issue so that it could transfer the case to an unspecified United States District Court in California. Unwisely, I addressed that suggestion by indicating that, if there had been diversity jurisdiction when the lawsuit was filed (which is the moment at which subject matter jurisdiction is ascertained, see Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 570-71 (2004) (quoting Malian v. Torrance, 22 U.S. 537, 539 (1824)), I would have been inclined to transfer the case to a state that had some interest in hearing (1) a case between California and Georgia domiciliaries (2) that arose under the laws of a state other than the State of New York. But I am not in the business of manufacturing jurisdiction, even to do nothing more than transfer a case - especially since it is not at all clear whether this court could transfer the case to California. A case can only be transferred to a district where it could have been brought. 28 U.S.C. §§ 1404(a), 1406(a). I cannot tell from the face of the pleading that the Georgia Defendants are amenable to suit in California. I certainly could not have entered a transfer order without giving those Defendants an opportunity to contest the matter, or to suggest that Georgia would be a more appropriate forum. Fortunately, I had a better option that to involve myself in deciding where the few remaining state law claims should be heard - an issue of no interest to the Southern District of New York. I simply declined to exercise supplemental jurisdiction and dismissed those claims without prejudice, so that Attorney Brown and his client could bring them in whatever state had jurisdiction over the Georgia defendants. The response to my minute entry was yet another letter, dated August 30, 2019 (Dkt. No. 70), in which Attorney Brown seeks clarification of the minute entry at Dkt. No. 69 and renews his request that I reconsider the jurisdictional issue solely for the purposes of transferring the case to California. The second letter is defective for the same reason as the first: it was filed more than 14 days after the entry of the judgment sought to be reconsidered, and it was not accompanied by a memorandum of law. It is, therefore, a nullity, and it being treated as such. Attorney Brown should refile his client's state law claims in whatever court has jurisdiction over the defendants. There is no reason for a judge of the Southern District of New York to figure out where that might be. (Signed by Judge Colleen McMahon on 9/5/2019) (mml) |
|
| Friday, August 30, 2019 | ||
| 70 | 70
misc
Letter
Fri 08/30 3:41 PM
FIRST LETTER addressed to Judge Colleen McMahon from Christopher Brown dated August 30, 2019 re: Transfer To U.S. District Court of California. Document filed by Robert Brown.(Brown, Christopher) |
|