Flagstar Financial & Leasing, LLC v. ANR Logistics LLC et al
| New York Eastern District Court | |
| Judge: | James M Wicks |
| Case #: | 2:24-cv-08469 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Dec 11, 2024 |
| Last checked: Wednesday Dec 11, 2024 2:06 PM EST |
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Defendant
ANR Logistics LLC
2311 E 1st Street
Vancouver, WA 98661 |
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Defendant
Anatoliy Ponomarenko
7622 North East 60th Way
Vancouver, WA 98686 |
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Defendant
Nazaviy Ponomarenko
10632 North East 66th Avenue
Vancouver, WA 98686 |
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Plaintiff
Flagstar Financial & Leasing, LLC
BRONSTER LLP J. Logan Rappaport, Esq. 156 West 56th Street Suite 703
New York, NY 10019 |
Represented By
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| Docket last updated: 11 hours ago |
| Friday, December 13, 2024 | ||
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order
Order(Other)
Fri 12/13 10:18 AM
ORDER. "For diversity purposes, LLCs have the imputed citizenship of each of their members[,]" and "the party seeking to invoke the court's diversity jurisdiction must identify both the LLC's members and their citizenship." Am. Empire Surplus Lines Inc. Co. v. Clearview SM, Inc. , 2021 WL 3206930, at *1 (E.D.N.Y. July 29, 2021) (citation omitted); 136-61 Roosevelt LLC v. Starbucks Corp. , 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021) (citation omitted). "If any of an LLC's members are themselves non-corporate entities, then a party must allege the identity and citizenship of their members, proceeding up the chain of ownership until the party has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC." Id . (citation omitted). As a result, the Complaint's allegations that: (i) "Plaintiff is a New York limited liability company organized and existing under the laws of the State of New York and has a principal place of business at 100 Duffy Avenue, Suite 402, Hicksville, New York 1180[;]" (ii) "ANR Logistics is a Washington limited liability company, organized and existing under the laws of the State of Washington with offices for the transaction of business at 2311 E. 1st Street, Vancouver, Washington 98661 and 5900 NE 88th Street, Building A, Suite 111, Vancouver, Washington 98661[;]" and (iii) "[u]pon information and belief, Defendants N. Ponomarenko and A. Ponomarenko are both owners, members, shareholders, officers, directors, and/or employees of ANR Logistics and have been at all times relevant to the transactions and circumstances at issue in the present action[,]" (ECF No. 1 at 2) are insufficient to establish the Court's diversity jurisdiction, as the Complaint does not allege the identity of the members of the Plaintiff LLC or the identity of all of the Defendant LLC's members. Accordingly, in order to determine whether federal subject matter jurisdiction exists, Plaintiff is hereby directed to file a letter identifying its members and their residency, as well as the members of the Defendant LLC and their residency, on or before December 20, 2024 . So Ordered by Magistrate Judge James M. Wicks on 12/13/2024. (DN) |
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| Wednesday, December 11, 2024 | ||
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service
Summons Issued
Wed 12/11 1:51 PM
Summons Issued as to ANR Logistics LLC, Anatoliy Ponomarenko, Nazaviy Ponomarenko. (CG) |
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| 3 | 3
notice
Notice of Opportunity to Consent
Wed 12/11 1:47 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (CG) |
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misc
Quality Control Check - Attorney Case Opening
Wed 12/11 1:43 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CG) |
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| 1 | 1
9
pgs
cmp
Complaint
Wed 12/11 1:15 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18572212 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Flagstar Financial & Leasing, LLC. (Rappaport, Justin) Modified on 12/11/2024 (CG) |
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Att: 1
Proposed Summons,
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Att: 2
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 12/11 1:45 PM
Case Assigned to Magistrate Judge James M. Wicks. 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. (CG) |
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