Genesis Global Technology Limited v. Frazier & Deeter, LLC
| Georgia Northern District Court | |
| Judge: | Michael L Brown |
| Case #: | 1:24-cv-00345 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jan 24, 2024 |
| Last checked: Tuesday Jul 23, 2024 4:44 AM EDT |
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Defendant
Frazier & Deeter, LLC
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Represented By
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Plaintiff
Genesis Global Technology Limited
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, April 28, 2025 | ||
| 36 | 36
2
pgs
order
Order on Motion for Order
Tue 04/29 2:25 PM
AGREED SCHEDULING ORDER. The Court GRANTS35 Joint MOTION for Order for Entry of Agreed Scheduling Order. IT IS HEREBY ORDERED that this case shall proceed according to the following schedule: The parties shall exchange interrogatories and document requests for the limited purpose of obtaining discoverable information relevant to the enforceability of the Exculpatory Clauses by April 21, 2025. The parties shall exchange written responses and documents responsive to the foregoing discovery requests by May 21, 2025. Depositions, if any, of the parties' respective FRCP 30(b)(6) designees on the matter of the issue of the enforceability of the Exculpatory Clauses shall be completed by June 23, 2025. Motions for summary judgment, if any, on the sole issue of the enforceability of the Exculpatory Clauses shall by filed by July 30, 2025. Responses to the foregoing summary judgment motions shall be filed by August 29, 2025. Replies, if any, to the foregoing summary judgment motions shall be filed by September 15, 2025. Signed by Judge Michael L. Brown on this 28th day of April, 2025. (pdt) |
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| 35 | 35
motion
For Order
Mon 04/28 12:09 PM
Joint MOTION for Order for Entry of Agreed Scheduling Order by Frazier & Deeter, LLC.(deMoulpied, John) |
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Att: 1
Text of Proposed Order
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| Friday, April 18, 2025 | ||
| 34 | 34
discov
Certificate of Service
Fri 04/18 5:28 PM
CERTIFICATE OF SERVICE by Genesis Global Technology Limited.(Godwin, Jason) |
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| Tuesday, April 08, 2025 | ||
| 33 | 33
notice
Notice (Other)
Tue 04/08 6:39 PM
NOTICE by Frazier & Deeter, LLC -- Change of Address (Kingma, Johannes) |
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| Thursday, April 03, 2025 | ||
| 32 | 32
notice
Notice (Other)
Thu 04/03 3:46 PM
NOTICE by Frazier & Deeter, LLC Amended Notice of Change of Firm and Contact Information (deMoulpied, John) |
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| Wednesday, March 26, 2025 | ||
| 31 | 31
notice
Notice (Other)
Wed 03/26 10:33 AM
NOTICE by Frazier & Deeter, LLC for Change of Address (deMoulpied, John) |
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| Wednesday, March 12, 2025 | ||
| 30 | 30
discov
Certificate of Service
Wed 03/12 5:21 PM
CERTIFICATE OF SERVICE OF DISCOVERY by Frazier & Deeter, LLC.(deMoulpied, John) |
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| Sunday, February 23, 2025 | ||
| 29 | 29
misc
Certificate of Interested Persons/Corporate Disclosure Statement
Sun 02/23 3:28 PM
Certificate of Interested Persons and Corporate Disclosure Statement by Genesis Global Technology Limited identifying Corporate Parent Genesis Global Solucoes em Software Ltda., Other Affiliate Genesis Global Fintech Inc., Other Affiliate Genesis Ireland Operations Limited, Other Affiliate Genesis Global India Operations Private Limited for Genesis Global Technology Limited. (Godwin, Jason) |
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| Friday, February 21, 2025 | ||
| 28 | 28
discov
Initial Disclosures
Fri 02/21 3:28 PM
Initial Disclosures by Genesis Global Technology Limited.(Godwin, Jason) |
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| Tuesday, February 18, 2025 | ||
| 27 | 27
order
Scheduling Order
Tue 02/18 1:52 PM
SCHEDULING ORDER: re:23 Joint Preliminary Report and Discovery Plan. This case is assigned to a twelve-month discovery track. Discovery shall be completed on or before February 28, 2026. Signed by Judge Michael L. Brown on this 18th day of February, 2025. (pdt) |
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| 26 | 26
minutes
Scheduling Conference
Tue 02/18 1:50 PM
Minute Entry for proceedings held before Judge Michael L. Brown: A scheduling conference was held. The Court assigned this case to a 12-month discovery period. A separate scheduling order is forthcoming. (Court Reporter Jana Colter) (pdt) |
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| Wednesday, February 12, 2025 | ||
| 25 | 25
notice
Notice of Appearance
Wed 02/12 11:11 AM
NOTICE of Appearance by Johannes Stuart Kingma on behalf of Frazier & Deeter, LLC (Kingma, Johannes) |
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| Tuesday, February 11, 2025 | ||
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notice
Notice of Video/Telephone Proceeding
Tue 02/11 10:36 AM
NOTICE OF HEARING (by docket entry only): The Court SETS a Scheduling Conference for 2/13/2025 at 10:00 AM via Zoom before Judge Michael L. Brown. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1604731130. Meeting ID: 160 473 1130. Passcode: 385842. Telephone Number: 646-828-7666. The procedure for filing documentary exhibits admitted during the proceeding is available[LINK:here] . Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jpk) |
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notice
Notice of Video/Telephone Proceeding
Tue 02/11 11:02 AM
NOTICE RESCHEDULING HEARING (by docket entry only): The Court RESETS the Scheduling Conference for 2/18/2025 at 11:00 AM via Zoom before Judge Michael L. Brown. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1604731130. Meeting ID: 160 473 1130. Passcode: 385842. Telephone Number: 646-828-7666. The procedure for filing documentary exhibits admitted during the proceeding is available[LINK:here] . Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jpk) |
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| Monday, February 10, 2025 | ||
| 24 | 24
answer
Answer to Amended Complaint
Mon 02/10 4:22 PM
Defendant's ANSWER to12 Amended Complaint For Damages and Affirmative Defenses by Frazier & Deeter, LLC. Discovery ends on 7/10/2025.(deMoulpied, John) |
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| 23 | 23
misc
Joint Preliminary Report and Discovery Plan
Mon 02/10 3:39 PM
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Frazier & Deeter, LLC. (deMoulpied, John) |
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| Thursday, January 30, 2025 | ||
| 22 | 22
notice
Notice of Substitution of Counsel
Thu 01/30 5:09 PM
Certification of Consent to Substitution of Counsel. John Clay deMoulpied replacing attorney Jeffrey Charles Hoffmeyer. (deMoulpied, John) |
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| Monday, January 27, 2025 | ||
| 21 | 21
14
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 01/27 9:56 AM
ORDER. The Court GRANTS IN PART and DENIES IN PART Defendant Frazier & Deeter, LLC's15 Motion to Dismiss. The Court DISMISSES Plaintiff's gross negligence claim. Plaintiff may proceed on its breach-of-contract, negligence, punitive damages, and attorneys' fees claims. Signed by Judge Michael L. Brown on this 27th day of January, 2025. (pdt) |
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| Thursday, January 09, 2025 | ||
| 20 | 20
misc
Leave of Absence
Thu 01/09 5:12 PM
Notice for Leave of Absence for the following date(s): February 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, by Jeffrey Charles Hoffmeyer. (Hoffmeyer, Jeffrey) |
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| Thursday, September 26, 2024 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Thu 09/26 3:55 PM
ORDER (by docket entry only): The Court DENIES AS MOOT Defendant Frazier & Deeter, LLC's6 and10 Motions to Dismiss given Plaintiff's filing of an amended complaint (Dkt. 12). Ordered by Judge Michael L. Brown on 9/26/2024. (jpk) |
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| Wednesday, July 24, 2024 | ||
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utility
Submission to District Judge
Wed 07/24 2:45 PM
Submission of15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Michael L. Brown. (bmr) |
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| Tuesday, July 23, 2024 | ||
| 19 | 19
respm
Reply Brief
Tue 07/23 4:05 PM
REPLY BRIEF re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frazier & Deeter, LLC. (Hoffmeyer, Jeffrey) |
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| Friday, July 12, 2024 | ||
| 18 | 18
2
pgs
order
Order on Motion for Extension of Time
Fri 07/12 12:28 PM
ORDER granting17 Joint MOTION to Accept Motion to Dismiss Fourth Amended Complaint and Response as Timely Filed. If Defendant intends to file a reply, it shall be filed on or before July 23, 2024. Signed by Judge Michael L. Brown on 7/12/24. (rlh) |
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| Thursday, July 11, 2024 | ||
| 17 | 17
motion
Extension of Time
Thu 07/11 1:23 PM
Joint MOTION for Extension of Time and to Accept Motion to Dismiss Fourth Amended Complaint and Response as Timely Filed re:12 Amended Complaint,15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,16 Response in Opposition to Motion with Brief In Support by Frazier & Deeter, LLC. (Hoffmeyer, Jeffrey) |
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| Tuesday, July 09, 2024 | ||
| 16 | 16
respm
Response in Opposition to Motion
Tue 07/09 7:50 AM
RESPONSE in Opposition re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Genesis Global Technology Limited. (Godwin, Jason) |
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| Saturday, June 22, 2024 | ||
| 15 | 15
motion
Dismiss for Failure to State a Claim
Sat 06/22 4:34 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Frazier & Deeter, LLC.(Hoffmeyer, Jeffrey) |
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Att: 1
Brief
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| 14 | 14
misc
Stipulation
Sat 06/22 4:33 PM
STIPULATION on Filing Motion to Dismiss and Response by Frazier & Deeter, LLC. (Hoffmeyer, Jeffrey) |
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| Tuesday, June 04, 2024 | ||
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utility
Submission to District Judge
Tue 06/04 11:07 AM
Submission of10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Michael L. Brown. (jpk) |
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| Friday, May 31, 2024 | ||
| 13 | 13
respm
Response (Non-Motion)
Fri 05/31 2:51 PM
RESPONSE re Order to Show Cause,,,, filed by Genesis Global Technology Limited. (Godwin, Jason) |
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| 12 | 12
cmp
Amended Complaint
Fri 05/31 2:46 PM
AMENDED COMPLAINT against All Defendants with Jury Demand filed by Genesis Global Technology Limited.(Godwin, Jason) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Affidavit,
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Att: 5
Exhibit
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| Wednesday, May 29, 2024 | ||
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order
Order to Show Cause
Wed 05/29 2:22 PM
ORDER (by docket entry only): The Court ordered Plaintiff to submit a supplemental filing properly alleging Defendant's citizenship. Plaintiff-a citizen of England-attaches a list of Defendant's members, including member Michael Joy, who resides in London, UK. (Dkt. 9-5 at 1.) Accordingly, the Court ORDERS Plaintiff to show cause within 7 days why the Court should not dismiss this action for lack of diversity jurisdiction. See Tangshan Ganglu Iron & Steel Co. v. Mapuche, LLC , No. 14-cv-61093, 2014 WL 2095167, at *1 (S.D. Fla. May 20, 2014) ("The presence of a foreign citizen on both sides of this case destroys complete diversity."); Iraola & CIA, S.A. v. Kimberly-Clark Corp. , 232 F.3d 854, 860 (11th Cir. 2000) ("It is a standard rule that federal courts do not have diversity jurisdiction over cases where there are foreign entities on both sides of the action, without the presence of citizens of a state on both sides."). Ordered by Judge Michael L. Brown on 5/29/2024. (jpk) |
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| Thursday, May 23, 2024 | ||
| 11 | 11
misc
Leave of Absence
Thu 05/23 10:07 AM
Notice for Leave of Absence for the following date(s): June 19 through July 5, 2024, July 19 through August 2, 2024, by Jeffrey Charles Hoffmeyer. (Hoffmeyer, Jeffrey) |
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| Friday, May 17, 2024 | ||
| 10 | 10
motion
Dismiss for Failure to State a Claim
Fri 05/17 3:26 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Frazier & Deeter, LLC.(Hoffmeyer, Jeffrey) |
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Att: 1
Brief DEFENDANTS BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS THIRD AMENDED COMPLAINT FOR DAMAGES FOR FAILURE TO STATE A CLAIM
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| Friday, May 10, 2024 | ||
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utility
Submission to District Judge
Fri 05/10 5:31 PM
Submission of6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Michael L. Brown. (jpk) |
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| Monday, May 06, 2024 | ||
| 9 | 9
cmp
Amended Complaint
Mon 05/06 3:34 PM
AMENDED COMPLAINT against Frazier & Deeter, LLCwith Jury Demand filed by Genesis Global Technology Limited.(Godwin, Jason) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Affidavit,
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Att: 5
Exhibit Citizenry of Defendant
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| Wednesday, April 24, 2024 | ||
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order
Order ~Util - Set Submission Deadline
Wed 04/24 4:11 PM
ORDER (by docket entry only): Plaintiff filed this breach of contract case, asserting diversity jurisdiction as the only basis for the Court's subject matter jurisdiction. (Dkt. 8.) Plaintiff alleges Defendant, an LLC, has its principal place of business in and is a resident of Georgia. (Dkt. 8 at 2.) Plaintiff adds "[u]pon information and belief, Defendant Frazier & Deeter is a resident of the states of Nevada, Tennessee, North Carolina, Florida and Georgia." ( Id .) Plaintiff again fails to properly allege Defendant's citizenship, as it alleges Defendant's residence. Toms v. Country Quality Meats, Inc. , 610 F.2d 313, 316 (5th Cir. 1980) ("[W]hen jurisdiction depends on citizenship, citizenship should be distinctly and affirmatively alleged." (citations and quotation marks omitted)). Plaintiff also improperly alleges Defendant's residence "[u]pon information and belief." (Dkt. 8 at 2.) Great Am. Assurance Co. v. Stover , 2020 WL 8093342, at *1 (N.D. Ga. June 24, 2020) ("[A]lleging the members of a limited liability company 'upon information and belief,' as Plaintiff does for [defendant LLC], is also insufficient."). The Court will give Plaintiff one final attempt to submit a supplemental filing properly alleging Defendant's citizenship (not upon information and belief) to establish diversity jurisdiction. The Court ORDERS Plaintiff to do so within fourteen (14) days from the date of this Order. Failure to do so will result in the Court dismissing this action for lack of subject matter jurisdiction. See Travaglio v. Am. Express Co. , 735 F.3d 1266, 1268-70 (11th Cir. 2013) (holding that court must dismiss action for lack of subject matter jurisdiction unless pleadings or record evidence establishes jurisdiction). Ordered by Judge Michael L. Brown on 4/24/2024. (jpk) |
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| Monday, April 22, 2024 | ||
| 8 | 8
cmp
Amended Complaint
Mon 04/22 1:27 PM
AMENDED COMPLAINT against Frazier & Deeter, LLCwith Jury Demand filed by Genesis Global Technology Limited.(Godwin, Jason) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Tuesday, April 16, 2024 | ||
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order
Order ~Util - Set Submission Deadline
Tue 04/16 11:48 AM
ORDER (by docket entry only): Plaintiff filed this breach of contract case, asserting diversity jurisdiction as the only basis for the Court's subject matter jurisdiction. (Dkt. 7.) Plaintiff again fails to properly allege Defendant's citizenship. Plaintiff alleges Defendant, an LLC, has its principal place of business in and is a resident of Georgia. (Dkt. 7 at 2.) An LLC, however, is a "citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C. , 374 F.3d 1020, 1022 (11th Cir. 2004). Accordingly, the Court ORDERS Plaintiff, within seven (7) days from the date of this Order, to submit a supplemental filing properly alleging Defendant's citizenship to establish diversity jurisdiction. This means Plaintiff must indicate the names and citizenship of each of Defendant's members and sub-members. Failure to do so will result in the Court dismissing this action for lack of subject matter jurisdiction. See Travaglio v. Am. Express Co. , 735 F.3d 1266, 1268-70 (11th Cir. 2013) (holding that court must dismiss action for lack of subject matter jurisdiction unless pleadings or record evidence establishes jurisdiction). Ordered by Judge Michael L. Brown on 4/16/2024. (jpk) |
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| Monday, April 15, 2024 | ||
| 7 | 7
cmp
Amended Complaint
Mon 04/15 3:02 PM
AMENDED COMPLAINT against All Defendants with Jury Demand filed by Genesis Global Technology Limited.(Godwin, Jason) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Affidavit
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| Wednesday, April 10, 2024 | ||
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order
Order ~Util - Set Submission Deadline
Wed 04/10 2:53 PM
ORDER (by docket entry only): Plaintiff filed this breach of contract case, asserting diversity jurisdiction as the only basis for the Court's subject matter jurisdiction. (Dkt. 1.) Plaintiff fails, however, to properly allege the citizenship of Plaintiff or Defendant. Plaintiff alleges that it is a company with its principal place of business in London but fails to allege where Plaintiff is incorporated. See 28 U.S.C. § 1332(c)(1); (Dkt. 1 at 1.) Plaintiff similarly alleges Defendant, an LLC, has its principal place of business in Georgia. (Id. at 2.) An LLC, however, is a "citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C. , 374 F.3d 1020, 1022 (11th Cir. 2004). Accordingly, the Court ORDERS Plaintiff, within seven (7) days from the date of this Order, to submit a supplemental filing properly alleging Plaintiff's and Defendant's citizenship in order to establish diversity jurisdiction. Failure to do so will result in the Court remanding this action for lack of subject matter jurisdiction. See Travaglio v. Am. Express Co. , 735 F.3d 1266, 1268-70 (11th Cir. 2013) (holding that court must dismiss action for lack of subject matter jurisdiction unless pleadings or record evidence establishes jurisdiction). Ordered by Judge Michael L. Brown on 4/10/2024. (jpk) |
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| Monday, April 08, 2024 | ||
| 6 | 6
motion
Dismiss for Failure to State a Claim
Mon 04/08 3:31 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Frazier & Deeter, LLC.(Hoffmeyer, Jeffrey) |
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Att: 1
Brief
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| Thursday, March 21, 2024 | ||
| 5 | 5
service
Return of Service Executed
Thu 03/21 5:59 PM
Return of Service Executed by Genesis Global Technology Limited. Frazier & Deeter, LLC served on 3/18/2024, answer due 4/8/2024. (Godwin, Jason) |
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| Friday, March 15, 2024 | ||
| 4 | 4
notice
Notice of Filing
Fri 03/15 11:51 AM
NOTICE Of Filing Affidavit of Dan Foster by Genesis Global Technology Limited(Godwin, Jason) |
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Att: 1
Affidavit
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| Friday, January 26, 2024 | ||
| 3 | 3
14
pgs
order
Order
Fri 01/26 9:48 AM
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk) |
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| Wednesday, January 24, 2024 | ||
| 2 | 2
service
Electronic Summons Issued
Fri 01/26 9:04 AM
Electronic Summons Issued as to Frazier & Deeter, LLC. (tht) |
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| 1 | 1
16
pgs
cmp
Complaint
Fri 01/26 9:00 AM
COMPLAINT with Jury Demand filed by Genesis Global Technology Limited. (Filing fee $405, receipt number AGANDC-13178458)(tht) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Civil Cover Sheet
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