Date: 03-13-2018

Case Style:

Case Number: 1:18-cv-00537-AMD-SJB

Judge: Ann M. Donnelly

Court: United States District Court for the Eastern District of New York

Plaintiff's Attorney: Edward Wagner

Defendant's Attorney: Roger B. Lawrence

Description: David Chidraoui sued Fitness International, LLC d/b/a L.A. Fitness on a personal injury negligence theory.

03/01/2018 5 ANSWER to 1 Complaint, by Fitness International, LLC. (Lawrence, Roger) (Entered: 03/01/2018)
03/01/2018 6 Corporate Disclosure Statement by Fitness International, LLC identifying Corporate Parent Fitness International, LLC, a California limited liability company for Fitness International, LLC. (Lawrence, Roger) (Entered: 03/01/2018)
03/01/2018 ORDER TO SHOW CAUSE: "[I]t is well established that the party seeking to invoke jurisdiction under 28 U.S.C. § 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001). The defendant is a limited liability company which, for diversity purposes, "takes the citizenship of each of its members." Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LCC, 692 F.3d 42, 49 (2d Cir. 2012). The complaint, however, alleges diversity based on the defendant's principle place of business. This is insufficient. Accordingly, by March 15, 2018, the plaintiff is ordered to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Ordered by Judge Ann M Donnelly on 3/1/2018. (Trezza, Jillian) Modified on 3/2/2018 (Greene, Donna). (Entered: 03/01/2018)
03/02/2018 7 NOTICE by Fitness International, LLC re 5 Answer to Complaint verification of verified answer (Lawrence, Roger) (Entered: 03/02/2018)

Outcome: 03/12/2018 8 STIPULATION of Dismissal without Prejudice by David Chidraoui (Wagner, Edward) (Entered: 03/12/2018)
03/13/2018 Stipulation of voluntary dismissal pursuant to FRCP 41(a)(1)(A)(ii). Ordered by Judge Ann M. Donnelly on 3/13/2018. (Greene, Donna) (Entered: 03/13/2018)

Plaintiff's Experts:

Defendant's Experts:

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