200 Water Property Owner, LLC v. Liberty Mutual Fire Insurance Company

District Court, S.D. New York

200 Water Property Owner, LLC v. Liberty Mutual Fire Insurance Company

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED wanna wanna nnn nnn □□□ □□□ cena X DOC #: : DATE FILED:_11/19/2019 200 WATER PROPERTY OWNER, LLC, et al., : Plaintiffs, : : 19 Civ. 8246 (LGS) -against- : : ORDER LIBERTY MUTUAL FIRE INSURANCE : COMPANY, : Defendant. :

LORNA G. SCHOFIELD, District Judge: WHEREAS, on October 31, 2019, Plaintiffs were ordered to file a letter by November 8, 2019, providing the information necessary to determine the domicile of each Plaintiff LLC, including the identity and domicile of the members of each Plaintiff LLC (Dkt. No. 10); WHEREAS, on November 8, 2019, Plaintiffs filed a letter requesting that Plaintiffs 177 Front Street, LLC, 177 Front Member, LLC and DUMBO Assemblage, LLC be permitted to withdraw and thus be dismissed from this action, but failing to provide information sufficient to determine the domicile of the remaining Plaintiff, 200 Water Property Owner, LLC (Dkt. No. 16); WHEREAS, on November 12, 2019, Plaintiffs were ordered to file a letter by November 18, 2019, providing the information necessary to determine the domicile of 200 Water Property Owner, LLC, including the identity and domicile of the member(s) of 177 Front Street, LLC, and if its members are limited liability entities, the identity and domicile of its members, etc. until a person or entity that is not an LLC or LLP is identified (Dkt. No. 17); WHEREAS, on November 14, 2019, Plaintiffs filed a letter providing additional information regarding the members of the sole member of the remaining Plaintiff, 200 Water

Property Owner, LLC, but failing to provide information sufficient to determine its domicile (Dkt. No. 18); WHEREAS, on November 18, 2019, the Court issued an order directing Plaintiffs to file additional information regarding domicile, and stating that, should Plaintiffs continue to fail to provide information sufficient to confirm subject matter jurisdiction, this case will be remanded (Dkt. No. 19); it is hereby ORDERED, that this Court’s Order at Dkt. No. 19 is stricken. It is further ORDERED, that Plaintiffs shall file a letter, by November 25, 2019, providing the following information: (1) the state of incorporation of the Carlyle Group; and (2) the information necessary to determine the domicile of Magalith Urban Dumbo, LP, including the identity and domicile of the members of the identified partners, both general and limited. See Carden vy. Arkoma Assocs.,

494 U.S. 185

(1990). Where those members are limited liability entities, Plaintiffs shall provide the identity and domicile of their member(s). If those members are also limited liability entities, Plaintiffs shall provide the identity and domicile of their members, etc., until a person or entity that is not an LLC or LLP is identified. Dated: November 19, 2019 New York, New York

UNITED STATES DISTRICT JUDGE

Reference

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