Allen v. Marriott Aruba Surf Club, Inc. et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:24-cv-05170 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jul 24, 2024 |
| Last checked: Saturday Sep 07, 2024 5:39 AM EDT |
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Defendant
Marriott Aruba Surf Club, Inc.
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Defendant
Marriott International, Inc
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Defendant
The Ritz Carlton Hotel Company Aruba, LLC
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Defendant
Marriott Vacation Club Intl
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Defendant
The Ritz Carlton Hotel Company Corp
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Plaintiff
Diana Allen
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM EDT |
| Friday, September 06, 2024 | ||
| 11 | 11
misc
Letter
Fri 09/06 6:56 PM
Letter in Response to OSC dated 8/28/2024 by Diana Allen (Giordano, Michael) |
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| 10 | 10
misc
Proposed Summons/Civil Cover Sheet
Fri 09/06 4:02 PM
Proposed Summons. by Diana Allen (Giordano, Michael) |
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| 9 | 9
7
pgs
cmp
Amended Complaint
Fri 09/06 2:26 PM
AMENDED COMPLAINT against Marriott Aruba Surf Club, Inc., Marriott International, Inc, Marriott Vacation Club Intl, The Ritz Carlton Hotel Company Aruba, LLC, The Ritz Carlton Hotel Company Corp, filed by Diana Allen. (Giordano, Michael) |
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| Wednesday, August 28, 2024 | ||
| 8 | 8
motion
Reconsideration
Wed 08/28 2:54 PM
MOTION for Reconsideration re Order,,,,,,,,,, Order to Show Cause,,,,,, by Diana Allen. (Giordano, Michael) |
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order
Order to Show Cause
Wed 08/28 12:38 PM
ORDER TO SHOW CAUSE: On August 20, 2024, the Court, observing that Plaintiff had missed four Court-ordered deadlines within the one month of filing this case, ordered Plaintiff's counsel to comply with its prior Orders on or before August 23, 2024, and further ordered Plaintiff's counsel to pay a $500 fine on or before August 27, 2024. Without explanation, Plaintiff's counsel has missed both deadlines. Accordingly, on or before September 6, 2024, Plaintiff's counsel is ORDERED to show cause why he should not again be fined for ignoring the Court's Orders, including failing to pay a fine already imposed. On or before September 6, 2024, Plaintiff's counsel is further directed to fully comply with the Court's prior Orders: (i) explaining the propriety of venue in this District, (ii) describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendants, and (iii) paying the previously imposed fine. The conduct of Plaintiff's counsel in repeatedly ignoring Court Orders is unacceptable. Plaintiff is explicitly warned that failure to fully comply with this Order will result in the imposition of terminating sanctions. Although Plaintiff's counsel is required to receive ECF notifications electronically and to monitor the docket in this case, the Court's staff, out of an abundance of caution and in this one instance only, is mailing a copy of this Order to the physical address of Plaintiff's counsel provided on the docket. Ordered by Judge Hector Gonzalez on 8/28/2024. (RCM) |
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order
Order on Motion for Reconsideration
Wed 08/28 3:25 PM
ORDER denying8 Motion for Reconsideration. The Court is in receipt of the letter from Plaintiff's counsel. See ECF No.8 . To the extent Plaintiff's counsel seeks reconsideration of the Court's previously imposed fine, his letter cites no legal authority or other persuasive facts, and the motion is denied. See Vasquez v. City of New York - Off. of the Mayor , No. 22-cv-05068, 2024 WL 1886656, at *1 (E.D.N.Y. Apr. 30, 2024) (explaining that the standard for a motion for reconsideration is "strict" and the motion "will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked" (internal citations omitted)). The Court declines to impose any further sanction at this time and orders Plaintiff's counsel to comply with this morning's Order on or before September 6, 2024, and reiterates that failure to do so will result in the imposition of terminating sanctions. Given that the issues raised by Plaintiff's counsel primarily relate to practice management, he is specifically directed to review the docket in this case no less than once weekly. Ordered by Judge Hector Gonzalez on 8/28/2024. (RCM) |
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| Tuesday, August 20, 2024 | ||
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order
Order(Other)
Tue 08/20 10:20 AM
ORDER: On July 25, 2024, the Court ordered Plaintiff to show cause regarding the Court's subject-matter jurisdiction and the propriety of venue in this District. See July 25, 2024, Text Order. Plaintiff's response contained no information regarding venue and was therefore incomplete. See Aug. 2, 2024, Text Order. After the Court gave Plaintiff an extension of time to file a complete response to the Order to Show Cause, Plaintiff failed to do so. See Aug. 16, 2024, Text Order. In addition, Plaintiff failed to comply with the Court's prior Order requiring her to update the Court with regard to service of Plaintiff's summons and complaint. See Aug. 15, 2024, Text Order. The Court sua sponte granted Plaintiff an extension of time to August 19, 2024, to fully respond to the Order to Show Cause and to comply with the Court's Order regarding service, which Plaintiff has now also failed to comply with. Accordingly, Plaintiff has missed four different Court-ordered deadlines within the first month of initiating this action despite three separate warnings that failure to comply with the Court's Orders could result in sanctions, including a specific warning that the Court would not hesitate to impose monetary sanctions directly on Plaintiff's counsel. See e.g. , Aug. 16, 2024, Text Order. Pursuant to Rule 16(f)(1)(C) and the factors identified in Southern New England Telephone Co. v. Global NAPs Inc. , 624 F.3d 123, 144 (2d Cir. 2010); see Erdman v. Victor , 345 F.R.D. 60,61 (S.D.N.Y. 2024) (applying these to Rule 16(f)), Plaintiff has plainly and repeatedly failed to obey pretrial orders, and the imposition of a monetary fine on Plaintiff's counsel is appropriate. Plaintiff's continued failure to comply with basic pretrial orders represents a disregard for unambiguous Court orders and the Federal Rules and is needlessly wasting Court resources. Further, there is no lesser sanction that appears capable of bringing Plaintiff's counsel into compliance. Pursuant to Rule 16, Mr. Giordano is therefore ordered to pay $500 to the Clerk of Court on or before August 27, 2024 . In addition, Plaintiff must comply with the Court's prior orders on or before August 23, 2024 . Failure to comply with this Order will result in the imposition of additional sanctions and will likely result in terminating sanctions. Ordered by Judge Hector Gonzalez on 8/20/2024. (RCM) |
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| Friday, August 16, 2024 | ||
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order
Order(Other)
Fri 08/16 11:58 AM
ORDER: The Court previously granted Plaintiff an extension of time to August 15, 2024, to fully respond to its Order to Show Cause concerning the propriety of venue in this District. See Aug. 2, 2024, Text Order. Plaintiff has failed to respond. Plaintiff shall comply with the Court's prior Order on or before August 19, 2024. The Court warns Plaintiff that future failures to timely comply with the Court's orders may result in sanctions. As Plaintiff has now missed two deadlines in two days after initially failing to comply with the Order to Show Cause, the Court will not hesitate to sanction Plaintiff's counsel directly, including with monetary sanctions. Ordered by Judge Hector Gonzalez on August 16, 2024. (PN) |
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| Thursday, August 15, 2024 | ||
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order
Order(Other)
Thu 08/15 9:18 AM
ORDER: The Court previously ordered Plaintiff to file a letter on or before August 14, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendants. Plaintiff has failed to file the letter or to request an extension of Plaintiff's deadline to do so. Plaintiff shall file the letter required by the Court's prior order on or before August 19, 2024. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 8/15/2024. (PN) |
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| Wednesday, August 07, 2024 | ||
| 7 | 7
motion
Extension of Time to File Response/Reply
Wed 08/07 3:39 PM
First MOTION for Extension of Time to File Response/Reply as to Order,,,,,, by Diana Allen. (Giordano, Michael) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/07 5:03 PM
ORDER granting7 Motion for Extension of Time to File. Plaintiff's motion for an extension of time to August 15, 2024, to fully respond to the Court's Order to Show Cause is GRANTED. Ordered by Judge Hector Gonzalez on 8/7/2024. (RCM) |
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| Friday, August 02, 2024 | ||
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order
Order(Other)
Fri 08/02 12:36 PM
ORDER: The Court is in receipt of Plaintiff's response to its Order to Show Cause concerning the basis for this Court's exercise of subject-matter jurisdiction and the propriety of venue in this District. See ECF No.6 . Plaintiff's letter does not address venue. Plaintiff is therefore ordered to file another letter on or before August 8, 2024, fully responding to the Order to Show Cause. The Court further notes that although Plaintiff's letter includes certain information about Defendants, it does not make claims regarding their citizenship as required to adequately allege diversity jurisdiction. Plaintiff requests leave to amend the complaint to properly allege diversity jurisdiction and to correct errors in the names of Defendants. See ECF No.6 at 2. Leave is denied as Plaintiff does not require the Court's permission to amend at this juncture. See Fed. R. Civ. P. 15(a)(1). Plaintiff is reminded, however, that if she files an amended complaint prior to service of the original complaint, subsequent service of the original complaint is not effective. See Lau v. Fauci , No. 22-cv-436, 2023 WL 3181887, at *2-3 (N.D.N.Y. May 1, 2023) (collecting cases) ("Because Plaintiffs filed their first amended complaint before effecting service of the original complaint on [the defendant], service of the original complaint was not proper."). Any amended complaint should also properly allege venue. Ordered by Judge Hector Gonzalez on 8/2/2024. (RCM) |
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| Thursday, August 01, 2024 | ||
| 6 | 6
misc
Letter
Thu 08/01 10:14 PM
Letter in Response to OSC by Diana Allen (Giordano, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H
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| Tuesday, July 30, 2024 | ||
| 5 | 5
4
pgs
order
Order on Motion for Refund of Fees Paid Electronically
Tue 07/30 8:48 AM
APPROVAL re4 Motion for Refund of Fees Paid Electronically. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administration Manager on 7/30/2024. (fwd'd for processing) (TLH) |
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| Monday, July 29, 2024 | ||
| 4 | 4
motion
Refund of Fees Paid Electronically
Mon 07/29 1:11 PM
MOTION for Refund of Fees Paid Electronically by Diana Allen. (Giordano, Michael) |
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| Thursday, July 25, 2024 | ||
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Thu 07/25 10:32 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Thu 07/25 10:24 AM
Clerk'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:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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utility
Case Assigned/Reassigned
Thu 07/25 10:23 AM
Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
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misc
Quality Control Check - Summons
Thu 07/25 10:29 AM
Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
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order
Status Report Order
Thu 07/25 1:14 PM
ORDER: Plaintiff shall file a letter no longer than three pages on or before August 14, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiff has not filed a proposed summons for the Clerk of Court to issue. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 7/25/2024. (RCM) |
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order
Order to Show Cause
Thu 07/25 1:22 PM
ORDER TO SHOW CAUSE: "[F]ederal courts are courts of limited jurisdiction" and are generally authorized only to hear cases arising under federal question or diversity jurisdiction. Owen Equip. & Erection Co. v. Kroger , 437 U.S. 365, 375 (1978); see 28 U.S.C. §§ 1331, 1332. Without subject-matter jurisdiction, "[f]ederal courts may not proceed at all in any cause." See Vera v. Republic of Cuba , 867 F.3d 310, 315-16 (2d Cir. 2017). "It is axiomatic that, for diversity jurisdiction to be available, all of the adverse parties in a suit must be completely diverse with regard to citizenship." See E.R. Squibb & Sons, Inc. v. Accident & Cas. Ins. Co. , 160 F.3d 925, 930 (2d Cir. 1998). "[P]laintiff[] bear[s] the burden of making a preponderance showing, inter alia , of complete diversity...." See Raymond Loubier Irrevocable Tr. v. Loubier , 858 F.3d 719, 725 (2d Cir. 2017) (quotation omitted). In her complaint, Plaintiff invokes only diversity of citizenship as a basis for subject-matter jurisdiction. ECF No.1 , para. 7. However, Plaintiff has not alleged the citizenship of any Defendant, nor has she even alleged her own citizenship. See id. , paras. 1-5. Accordingly, on or before August 1, 2024 , Plaintiff is ORDERED TO SHOW CAUSE in a letter not to exceed five pages why this case should not be dismissed without prejudice for lack of subject-matter jurisdiction. The Court reminds Plaintiff that the citizenship of a limited liability company like Defendant The Ritz Carlton Hotel Company Aruba, LLC, is not defined by its principal place of business or the state's law under which it is organized. Instead, a limited liability company "takes the citizenship of all of its members." Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc. , 943 F.3d 613, 615 (2d Cir. 2019). Further, "allegations of residency alone are insufficient to establish diversity jurisdiction." Butler v. Faraci , No. 24-cv-0036, 2024 WL 1282352, at *4 (E.D.N.Y. Mar. 26, 2024). Failure to comply with this deadline may result in sanctions. In addition, in the same letter, Plaintiff is ORDERED TO SHOW CAUSE why venue in this District is proper under 28 U.S.C. § 1391. Plaintiff makes no allegations regarding venue. Plaintiff's own residency in the District, ECF No.1 , para. 7, is insufficient to establish venue. See 28 U.S.C. § 1391(b)(1). Plaintiff's name currently appears as "Allen Diana" on the docket. The Clerk of Court is respectfully directed to amend the docket to reflect Plaintiff's name, Diana Allen. Ordered by Judge Hector Gonzalez on 7/25/2024. (RCM) |
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| Wednesday, July 24, 2024 | ||
| 1 | 1
6
pgs
cmp
Complaint
Wed 07/24 5:58 PM
COMPLAINT against MARRIOTT VACATION CLUB INTL, Marriott Aruba Surf Club, Inc., Marriott International, Inc, THE RITZ CARLTON HOTEL COMPANY CORP;, The Ritz Carlton Hotel Company Aruba, LLC filing fee $ 405, receipt number ANYEDC-18103554 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Allen Diana. (Giordano, Michael) |
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Att: 1
Civil Cover Sheet
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