Certain Interested Underwriters At Lloyd's London v. RHG Manpower Inc. et al
| New York Eastern District Court | |
| Judge: | Nina R Morrison |
| Referred: | James R Cho |
| Case #: | 1:19-cv-03775 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Jun 28, 2019 |
| Terminated: | Feb 28, 2023 |
| Last checked: Wednesday Dec 25, 2019 4:20 AM EST |
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Counter Claimant
Rockledge Scaffold Corp.
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Represented By
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Counter Defendant
Certain Interested Underwriters At Lloyd's London
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Represented By
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Defendant
John/Jane #1-10 Doe
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Defendant
John Roe Corps. 1-10
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Defendant
Katherine Lefavre
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Defendant
Sebastian Lefavre
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Defendant
RHG Manpower Inc.
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Represented By
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Defendant
Rockledge Scaffold Corp.
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Represented By
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Plaintiff
Certain Interested Underwriters At Lloyd's London
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Represented By
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| Docket last updated: 05/12/2024 11:59 PM EDT |
| Tuesday, February 28, 2023 | ||
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order
Order Dismissing Case
Tue 02/28 6:14 PM
Order dismissing case. In the74 Response To Order To Show Cause, plaintiff Certain Interested Underwriters at Lloyd's London ("Underwriters") conceded that diversity jurisdiction is lacking, and asked that the Court dismiss this case without prejudice and direct discovery in the underlying state court action continue "from its present location." "[A]ll plaintiffs must be citizens of states diverse from those of all defendants" for a federal court to have diversity jurisdiction. See 28 U.S.C. § 1332; Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co. , 772 F.3d 111, 118 (2d Cir. 2014). "[A] diversity-destroying party joined after the action is underway may catalyze loss of jurisdiction," Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc. , 500 F.3d 171, 179 (2d Cir. 2007), and if a court determines "at any time" that it lacks subject matter jurisdiction, it "must dismiss" the action. See Fed. R. Civ. P. 12(h)(3). While defendants Rock Group NY Corp. and Sato Construction Co., Inc. d/b/a Flag Waterproofing and Restoration Company assert that Underwriters has not submitted evidence of the non-diverse Names, see ECF No.75 , the Court relies on plaintiff's representation at74 that diversity jurisdiction no longer exists. Since the Court lacks jurisdiction over this matter, the Court dismisses this matter without prejudice. But the Court lacks the authority to direct any state court to take certain action as it relates to discovery; plaintiff may address any discovery concerns with the assigned judge in any state action. Ordered by Judge Nina R. Morrison on 2/28/2023. (JL) |
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| Monday, February 27, 2023 | ||
| 75 | 75
misc
Letter
Mon 02/27 4:34 PM
Letter Respond to Plaintiff's Response to the Order to Show Cause by Rock Group NY Corp., Sato Construction Co., Inc. d/b/a Flag Waterproofing and Restoration Company (Pavloff, Sherri) |
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| Friday, February 24, 2023 | ||
| 74 | 74
misc
Response to Order to Show Cause
Fri 02/24 12:30 PM
RESPONSE TO ORDER TO SHOW CAUSE by Certain Interested Underwriters At Lloyd's London (Cohen, Corey) |
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