Moise v. Cleanslate Group, LLC et al
| New York Eastern District Court | |
| Judge: | Natasha C Merle |
| Referred: | Robert M Levy |
| Case #: | 1:25-cv-01603 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Case Filed: | Mar 24, 2025 |
| Last checked: Monday Mar 24, 2025 11:08 AM EDT |
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Defendant
Cleanslate Group, LLC
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Represented By
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Defendant
Raphael Valdez
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Represented By
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Plaintiff
Christopher Moise
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| Docket last updated: 9 hours ago |
| Tuesday, March 25, 2025 | ||
| 6 | 6
order
Scheduling Order
Tue 03/25 3:14 PM
SCHEDULING ORDER: An initial conference by telephone has been scheduled for April 24, 2025 at 11:00 a.m. , before the Hon. M. Levy, USMJ at 571-353-2301; Guest ID: 623827231. Ordered by Magistrate Judge Robert M. Levy on 3/25/2025. (JM) (JM) |
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Att: 1
(3/25/2025) IC Questionnaire,
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Att: 2
(3/25/2025) Individual Rules
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order
Order(Other)
Tue 03/25 4:30 PM
ORDER TO SHOW CAUSE -- Defendants are ORDERED TO SHOW CAUSE by April 1, 2025 why this case should not be remanded to state court for lack of federal subject matter jurisdiction as defendant Cleanslate Group, LLC's citizenship does not appear to be properly alleged. Defendant's name suggests that it is a limited liability company. See Austen v. Catterson Partners V, LP , 729 F. Supp. 2d 548, 555 n.3 (D. Conn. 2010) ("Under Delaware... law, the acronym 'LLC' stands for 'limited liability company,' not 'limited liability corporation.'"); see also Banguah v. Rodriguez , No. 04-cv-07227, 2005 WL 2482487, at *1 (S.D.N.Y. Oct. 6, 2005) ("LLC... is the abbreviation for 'limited liability company.' Thus, the allegation that Logistic, LLC is a New Jersey corporation is internally inconsistent."). If defendant is in fact a limited liability company, then its principal place of business and where it is incorporated are irrelevant to the determination of its citizenship. Defendant must identify both the LLC's members and their citizenship to invoke this Court's diversity jurisdiction. 136-61 Roosevelt LLC v. Starbucks Corp. , No. 21-cv-03560, 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021); see also Ulmer v. StreetTeam Software, LLC , No. 22-cv-05662, 2023 WL 2306020, at *4 (E.D.N.Y. Feb. 28, 2023). If defendant is in fact a corporation despite its name, it is directed to make a showing as to its corporate status by competent evidence in the form of an affidavit or sworn declaration, as well as any documentary evidence. See Mitchell v. City Express Limousine, LLC , No. 17-cv-04490, 2017 WL 2876313, at *2-3 (S.D.N.Y. July 6, 2017) (directing defendant "to declare under oath whether it was in fact a corporation or a limited liability company," where "the name of th[e] defendant strongly suggests that it is an 'LLC'"); see also Dvir-Zoldan v. Bogot , No. 17-cv-06609, 2019 WL 2004051, at *2 (S.D.N.Y. May 7, 2019). Ordered by Judge Natasha C. Merle on 3/25/2025. (ICS) |
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| Monday, March 24, 2025 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Mon 03/24 11:53 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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| 4 | 4
misc
Clerks Notice of Rule 73
Mon 03/24 11:52 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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misc
Proposed Summons/Civil Cover Sheet
Mon 03/24 10:54 AM
Civil Cover Sheet.. Re2 Corporate Disclosure Statement,1 Notice of Removal,, by Cleanslate Group, LLC, Raphael Valdez (Guzik, Adam) |
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misc
Corporate Disclosure Statement
Mon 03/24 10:51 AM
Corporate Disclosure Statement by Cleanslate Group, LLC, Raphael Valdez (Guzik, Adam) |
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notice
Notice of Removal
Mon 03/24 10:46 AM
NOTICE OF REMOVAL by Cleanslate Group, LLC, Raphael Valdez from Supreme Kings, case number 534238/2024. ( Filing fee $ 405 receipt number ANYEDC-18880946) (Guzik, Adam) |
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Att: 1
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Amended Verified Complaint,
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Att: 3
Exhibit C - Amended Verified Answer,
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Att: 4
Exhibit D - Plaintiff's Response to Demands,
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Att: 5
Exhibit E - Verified Bill of Particulars,
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Att: 6
Exhibit F - Email Correspondence,
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Att: 7
Exhibit G - Email Correspondence
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utility
Case Assigned/Reassigned
Mon 03/24 11:51 AM
Case Assigned to Judge Natasha C. Merle and Magistrate Judge Robert M. Levy. 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
ECF Admission and Registration Notification - Removal
Mon 03/24 11:52 AM
This 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) |
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