Mills v. Profit Drivers LLC et al
Connecticut District Court | |
Judge: | Michael P Shea |
Case #: | 3:25-cv-00203 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332 Diversity-Breach of Contract |
Case Filed: | Feb 10, 2025 |
Last checked: Monday Feb 10, 2025 3:05 PM EST |
Defendant
Joseph Scott Green
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Defendant
Profit Drivers LLC
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Defendant
Kenneth Stoll
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Plaintiff
Russell Mills
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Represented By
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Docket last updated: 02/21/2025 11:59 PM EST |
Tuesday, February 18, 2025 | ||
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order
Order
Tue 02/18 2:30 PM
ORDER. The1 Complaint does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. § 1332. The Complaint states that "Defendant Profit Drivers [LLC] is a limited liability company located in Nashville, Tennessee." ECF No. 1 ¶ 6. Alleging the state in which an LLC is "located" does not help the Court to determine an LLC's citizenship for the purposes of diversity jurisdiction. "[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its membership." Handelsman v. Bedford Vill. Assocs. Ltd. P'ship , 213 F.3d 48, 51-52 (2d Cir. 2000) (internal citations omitted). The Complaint therefore must allege the identity and citizenship of each member of Profit Drivers LLC. The Plaintiff shall file a statement of citizenship by March 11, 2025 . The statement should properly indicate the identity and citizenship of the LLC's members. To be a citizen of a state for the purposes of diversity jurisdiction, an individual party "must both be a citizen of the United States and be domiciled within the State." Newman-Green, Inc. v. Alfonzo-Larrain , 490 U.S. 826, 828 (1989). "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," and not his residence. Palazzo ex rel. Delmage v. Corio , 232 F.3d 38, 42 (2d Cir. 2000). "Domicile is the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Id. (internal quotation marks omitted). For any LLC member that is itself an LLC, the Defendants must provide the citizenship of that LLC (and so on, until a non-LLC member is identified and sufficient facts are provided to identify the citizenship of that member). Signed by Judge Michael P Shea on 02/18/2025. (Metzroth, R) |
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Wednesday, February 12, 2025 | ||
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![]() ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Joseph Scott Green, Profit Drivers LLC, Kenneth Stoll* with answer to complaint due within *21* days. Attorney *Sara Bigman* *Cohen and Wolf, P.C.* *1115 Broad Street* *Bridgeport, CT 06604*. (Peterson, M) |
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![]() NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of1 Complaint filed by Russell Mills,6 Electronic Filing Order,2 Notice of Appearance filed by Russell Mills,5 Order on Pretrial Deadlines,8 Notice of Option to Consent to Magistrate Judge Jurisdiction,7 Standing Protective Order,4 Disclosure Statement filed by Russell Mills, 3 Notice re: Disclosure Statement Signed by Clerk on 2/12/2025. (Peterson, M) |
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Tuesday, February 11, 2025 | ||
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![]() Disclosure Statement by Russell Mills. (Bigman, Sara) |
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Monday, February 10, 2025 | ||
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![]() Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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![]() Standing Protective Order Signed by Judge Michael P Shea on 02/10/2025. (Peterson, M) |
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![]() ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 02/10/2025. (Peterson, M) |
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![]() Order on Pretrial Deadlines: Amended Pleadings due by 4/14/2025. Discovery due by 8/14/2025. Dispositive Motions due by 9/18/2025. Signed by Clerk on 02/10/2025. (Peterson, M) |
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notice
Notice re: Disclosure Statement
Tue 02/11 9:02 AM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 2/10/2025.(Higgins, J.) |
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![]() NOTICE of Appearance by Stuart M. Katz on behalf of Russell Mills (Katz, Stuart) |
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1 | 1
![]() COMPLAINT against All Defendants ( Filing fee $405 receipt number ACTDC-8060512.), filed by Russell Mills.(Bigman, Sara) |
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Att: 1
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service
Request to Issue Summons
Mon 02/10 2:18 PM
Request for Clerk to issue summons as to All Defendants. (Bigman, Sara) |
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utility
NEW Case Assignment
Wed 02/12 9:38 AM
CASE ASSIGNMENT: District Judge Michael P Shea assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert S. Spector. (Oliver, T.) |