CHEMED NJ LLC v. BRYANT ROGERS et al

New Jersey District Court
Judge:	Brian R Martinotti
Referred:	Jose R Almonte
Case #:	2:23-cv-04129
Nature of Suit	230 Real Property - Rent Lease & Ejectment
Cause	28:1441 Notice of Removal

Case Filed:	Jul 28, 2023
Terminated:	Feb 22, 2024

Docket
Parties (3)

Last checked: Wednesday Jan 24, 2024 4:07 AM EST

Defendant FLORETHA BRYANT 718 CHESTNUT STREET ROSELLE, NJ 07203
Defendant JASMIN BRYANT ROGERS 718 CHESTNUT STREET ROSELLE, NJ 07203
Plaintiff CHEMED NJ LLC	Represented By LINDA STRAUSS Law Offices Of Linda Strauss contact info

Docket last updated: 2 hours ago

Wednesday, May 15, 2024
26		26 misc Mail Returned Wed 05/15 4:31 PM Mail Returned as Undeliverable. Mail sent to FLORETHA BRYANT. (wh) Related: [-]
Tuesday, April 30, 2024
24		24 misc Mail Returned Tue 04/30 4:24 PM Mail Returned as Undeliverable. Mail sent to FLORETHA BRYANT. (wh) Related: [-]
Monday, April 29, 2024
25		25 misc Mail Returned Thu 05/02 4:22 PM Mail Returned as Undeliverable. Mail sent to FLORETHA BRYANT. (wh) Related: [-]
Tuesday, March 26, 2024
23		23 misc Mail Returned Tue 03/26 4:58 PM Mail Returned as Undeliverable. Mail sent to FLORETHA BRYANT. (wh) Related: [-]
22		22 misc Mail Returned Tue 03/26 4:57 PM Mail Returned as Undeliverable. Mail sent to FLORETHA BRYANT. (wh) Related: [-]
Friday, March 22, 2024
21		21 misc Letter Fri 03/22 3:34 PM Letter from Jasmin Bryant Rogers. Related [+] (sm) Related: [-] ceived via Help Desk
Wednesday, March 20, 2024
20		20 order Order Fri 03/22 11:57 AM TEXT ORDER: This matter was REMANDED and CLOSED on February 22, 2024 by Order of Judge Brian R. Martinotti. See ECF Nos.15 ,16 . On March 18, 2024, pro se Defendant JASMIN BRYANT ROGERS filed an amended notice of removal, which argues that this Court has federal jurisdiction pursuant 28 U.S.C. 1331, "as the subject matter of this action arises out of breach of contract." ECF No.19 at 1. This is an insufficient statement of federal question jurisdiction. See ECF No. [9.] More importantly, because this matter was REMANDED and CLOSED on February 22, 2024, there is nothing before the Court to adjudicate. So Ordered by Magistrate Judge Jose R. Almonte on 3/20/2024. (akw, ) Related: [-]
Monday, March 18, 2024
19		19 notice Notice of Removal Tue 03/19 12:06 PM Amended Notice of Removal Received from JASMIN BRYANT ROGERS from Superior Court of New Jersey, Union County, case number UNN-LT-001944-23, filed by JASMIN BRYANT ROGERS.(wh) Modified on 3/19/2024 (wh) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Application to Proceed IFP,
		Att: 3 Consent to Receive Notices Electronically,
		Att: 4 Complaint from Superior Court,
		Att: 5 Exhibits from Superior Court
Friday, March 01, 2024
18		18 misc Letter Fri 03/01 1:36 PM Letter requesting permission to send an informal letter or motion requesting to reopen and refile the entire case, from JASMIN BRYANT ROGERS. (ECF Help Desk E-mail)(wh) Related: [-]
Friday, February 23, 2024
17		17 order Order Fri 02/23 4:07 PM TEXT ORDER: The Court is in receipt of Defendant Jasmin Bryan Roger's motion to "file all documents and proceedings" in this case under seal. ECF No.14 . The First Amendment and common law guarantee the right of public access to judicial proceedings and judicial records. Publicker Indus., Inc. v. Cohen, 733 F.2d 1059, 1071 (3d Cir. 1984) (holding that "the public and the press possess a First Amendment and a common law right of access to civil proceedings; indeed, there is a presumption that these proceedings will be open"). A "party seeking to seal any part of a judicial record bears [a] heavy burden... [and a] party who seeks to seal an entire record faces an even heavier burden." Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994). A party seeking to seal court materials must show that the material is the kind of information that courts will protect and that there is good cause for the order to issue. Publicker, 733 F.2d at 1071 (citation omitted). "Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure." Id. (citation omitted). The injury must be shown with specificity. Id. (citations omitted). Broad allegations of harm, bereft of specific examples or articulated reasoning, are insufficient." In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001). Defendant's motion makes no such showing, and fails to satisfy the required elements of a motion to seal as set forth by Local Civil Rule 5.3(c). In light of the foregoing, the motion to ECF No.14 is DENIED. So Ordered by Magistrate Judge Jose R. Almonte on 2/23/2024. (akw, ) Related: [-]
Thursday, February 22, 2024
16		16 misc Letter: Remand Thu 02/22 2:26 PM Transmittal Letter for remanded case to Union County Courthouse 2 Broad Street Elizabeth, NJ 07207 State No: UNN-LT-001944-23. Mailed certified copy of the Order remanding case. (wh) Related: [-]
15		15 5 pgs order Order Thu 02/22 2:18 PM ORDER that the Clerk's Office REMAND this matter to the Superior Court of New Jersey, Union County, Law Division, Special Civil Part, Landlord/Tenant Section and the case be marked CLOSED. N/M. Signed by Judge Brian R. Martinotti on 2/22/2024. (wh) Related: [-]
		misc QC - Generic Message Thu 02/22 11:45 AM CLERK'S QUALITY CONTROL MESSAGE - The11 Letter and13 Amended APPLICATION to proceed IN FORMA PAUPERIS submitted by JASMIN BRYANT ROGERS on 2/21/2024 do not contain signatures. Please resubmit these submissions with proper signatures. Defendant is advised to please sign all of your submissions moving forward, preferably with a wet/hand signature. These submissions will remain on the docket unless otherwise ordered by the court.(wh) Related: [-]
		utility Set/Reset Motion and R&R Deadlines/Hearings Thu 02/22 11:46 AM Set Deadlines as to14 MOTION to Seal Case. Motion set for 3/18/2024 before Magistrate Judge Jose R. Almonte. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) Related: [-]
		utility Terminate Civil Case Thu 02/22 2:35 PM ***Civil Case Terminated. See15 Order. (wh) Related: [-]
Wednesday, February 21, 2024
14		14 motion Seal Case Thu 02/22 11:30 AM MOTION to Seal Case by JASMIN BRYANT ROGERS. (ECF Help Desk E-mail)(wh) Related: [-]
13		13 misc Application to Proceed IFP Thu 02/22 11:26 AM Amended APPLICATION to proceed IN FORMA PAUPERIS by JASMIN BRYANT ROGERS. (unsigned)(ECF Help Desk E-mail)(wh) Related: [-]
12		12 misc Letter Thu 02/22 11:23 AM Letter to Judge Martinotti requesting permission to file an amended civil cover sheet, from JASMIN BRYANT ROGERS.(ECF Help Desk E-mail)(wh) Related: [-]
		Att: 1 Amended Civil Cover Sheet
11		11 misc Letter Thu 02/22 11:20 AM Letter to Judge Martinotti requesting that the Court maintain federal question jurisdiction, from JASMIN BRYANT ROGERS. (unsigned)(ECF Help Desk E-mail)(wh) Related: [-]
Thursday, February 15, 2024
10		10 misc Letter Thu 02/15 9:06 PM Letter from Linda Strauss.(STRAUSS, LINDA) Related: [-]
		Att: 1 Exhibit LLC
Thursday, February 08, 2024
9		9 order Order Thu 02/08 4:34 PM TEXT ORDER: The Court maintains an independent obligation to assure itself of subject matter jurisdiction. See Finkelman v. Nat'l Football League, 810 F.3d 187, 193 (3d Cir. 2016). This case was removed to federal court on July 28, 2023. ECF No.1 . On August 3, 2023, and September 7, 2023, the Court Ordered Defendants to file a letter setting forth the basis for federal jurisdiction in this action. ECF Nos. 4 , 5 . On September 21, 2023, Defendant Jasmin Bryant Rogers filed a letter which states that the Court has jurisdiction pursuant to 28 USC Section 1332, "because it is between citizens of different states." ECF No.6 at1 . Pursuant to 28 USC Section 1332(a), "[f]ederal district courts have original jurisdiction on the basis of diversity of citizenship where, (1) the matter in controversy exceeds the sum or value of $75,000, and (2) there is diversity of citizenship between each plaintiff and each defendant in the case." Sacchi v. ABC Fin. Servs., Inc., No. 14-cv-1196, 2014 WL 4095009, at *2 (D.N.J. Aug. 18, 2014) (citing Kaufman v. Allstate N.J. Ins. Co., 561 F.3d 144, 148 (3d Cir. 2009)). This case involves an entity alleged to be an LLC, Plaintiff Chemed NJ LLC. For purposes of establishing diversity jurisdiction in a case involving a LLC, the citizenship of a limited liability company is determined by the citizenship of each of its individual members. See Zambelli Fireworks Mfg. Corp. v. Wood, 592 F.3d 412, 419-21 (3d Cir. 2010). Defendant Jasmin Bryant Rogers letter fails to indicate the state of citizenship for any party, or the amount in controversy. On February 5, 2024, Defendants filed an Amended Notice of Removal. ECF No.8 . The Amended Notice of Removal does not refer to diversity jurisdiction, but rather claims that the Court has jurisdiction pursuant to 28 USC Section 1331. 28 USC Section 1331 states that "[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." This is commonly referred to as "federal question jurisdiction." "For federal jurisdiction to attach to state law claims, a substantial, disputed question of federal law must be a necessary element of a well-pleaded state claim." Kalick v. United States, 35 F. Supp. 3d 639, 645 (D.N.J. 2014), aff'd, 604 F. App'x 108 (3d Cir. 2015) (citing Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 314, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005); Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 2728, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983)). "A conclusory allegation of federal question jurisdiction, untethered to some plausible federal statutory or constitutional basis, does not suffice to confer subject matter jurisdiction." Id. at 646. Defendants fail to articulate any basis for federal question jurisdiction. To the extent that Defendants continue to maintain that diversity jurisdiction exists, they shall file a letter by no later than February 22, 2024, which specifically alleges the state of citizenship of each party, and whether the amount in controversy exceeds $75,000. Plaintiff Chemed NJ LLC is separately ORDERED to file a letter on the docket disclosing the citizenship of each of its individual members by no later than February 15, 2024. To the extent that Defendants continue to maintain that federal question jurisdiction exists, they shall file a letter by no later than February 22, 2024, articulating the basis for federal question jurisdiction. This Text Order will be mailed to pro se Defendants. So Ordered by Magistrate Judge Jose R. Almonte on 2/8/2024. (akw, ) Related: [-]
Monday, February 05, 2024
8		8 notice Notice of Removal Wed 02/07 12:26 PM AMENDED NOTICE OF REMOVAL by FLORETHA BRYANT and JASMIN BRYANT ROGERS from Superior Court of New Jersey, Union County, case number UNN-LT-001944-23, filed by FLORETHA BRYANT and JASMIN BRYANT ROGERS.(ECF Help Desk E-mail from JASMIN BRYANT ROGERS)(wh) Related: [-]
		Att: 1 Cover Letter to Judge Martinotti,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit,
		Att: 10 Exhibit,
		Att: 11 Exhibit,
		Att: 12 Exhibit,
		Att: 13 Exhibit,
		Att: 14 Exhibit,
		Att: 15 Exhibit,
		Att: 16 Exhibit,
		Att: 17 Exhibit,
		Att: 18 Exhibit,
		Att: 19 Exhibit,
		Att: 20 Exhibit,
		Att: 21 Certificate of Filing,
		Att: 22 Certification of Service,
		Att: 23 Consent to Receive Notices Electronically,
		Att: 24 Proof of Service
Thursday, September 21, 2023
7		7 misc Application to Proceed IFP Fri 09/22 12:14 PM APPLICATION to proceed IN FORMA PAUPERIS by JASMIN BRYANT ROGERS. (wh) Related: [-]
6		6 misc Letter Fri 09/22 12:11 PM Letter with Exhibits from JASMIN BRYANT ROGERS re jurisdiction. (wh) Related: [-]
Thursday, September 07, 2023
5		5 order Order Thu 09/07 11:24 AM TEXT ORDER: As noted in the Court's August 3, 2023 text order (ECF No. 4), Defendants removed this action without filing a proper notice of removal setting forth the basis for federal jurisdiction. Defendants also have not paid the necessary filing fee or otherwise sought leave to proceed in forma pauperis. The Court ordered Defendants to file a letter setting forth the basis of federal jurisdiction in this action by August 11, 2023. The Court has not received any such letter from Defendants. Defendants shall comply with the Courts August 3, 2023 text order (ECF No. 4) and file a letter setting forth the basis of federal jurisdiction in this action by no later than September 20, 2023. In the same letter, Defendants shall also confirm that service has been executed on Plaintiff. So Ordered by Magistrate Judge Jose R. Almonte on 9/7/2023. (akw) Related: [-]
Thursday, August 03, 2023
4		4 order Order Thu 08/03 5:30 PM TEXT ORDER: Defendants removed this action without filing a proper notice of removal setting forth the basis for federal jurisdiction. Defendants also have not paid the necessary filing fee or otherwise sought leave to proceed in forma pauperis. By August 11, 2023, Defendants shall file a letter setting forth the basis for federal jurisdiction in this action. The Court notes that, in order to have subject matter jurisdiction, it must be able to exercise either federal question jurisdiction or diversity jurisdiction. Trinh v. Office of Records City of Philadelphia, 779 F. App'x 118, 119 (3d Cir. 2019). So Ordered by Magistrate Judge Jose R. Almonte on 8/3/2023. (akw) Related: [-]
Wednesday, August 02, 2023
3		3 misc Letter: Filing Fee or IFP due Wed 08/02 3:38 PM Clerk's Letter: Complaint not accompanied by the filing fee or application to proceed in forma pauperis. (mj) Related: [-]
Friday, July 28, 2023
2		2 notice Notice of Guidelines for Pro Se Filers Wed 08/02 3:34 PM Notice of Guidelines for Appearing Pro Se (mj) Related: [-]
1		1 notice Notice of Removal Wed 08/02 3:31 PM NOTICE OF REMOVAL by FLORETHA BRYANT & JASMIN BRYANT ROGERS from SUPERIOR COURT OF NEW JERSEY UNION COUNTY, case number UNN LT 001944-23., filed by FLORETHA BRYANT & JASMIN BRYANT ROGERS. (mj) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit

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