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Contract: Other | Utah
Order
DOCKET TEXT ORDER. Defendants removed this action from state court, invoking this court's subject-matter jurisdiction based upon diversity of citizenship. In 1 NOTICE OF REMOVAL, Defendants properly allege that the amount in controversy exceeds $75,000, but they do not adequately allege the citizenship of Plaintiff Libertas Funding, LLC or Defendant RDCH Land Company, LLC. As to those two parties, Defendants allege only that: (1) "Plaintiff Libertas Funding, LLC is a Connecticut limited liability company acting as the nominee of WebBank, a corporation formed under the laws of the State of Utah," and "WebBank is a Utah corporation with its headquarters and principal place of business in Salt Lake City, Utah"; and (2) Defendant RDCH Land Company, LLC "is a Texas limited liability company," "is organized in the [S]tate of Texas[,] and maintains its principal executive offices" in Texas. ECF No. 1 at ¶&para 13, 15, 19-20. Those allegations are insufficient because it is well settled that a limited liability company's citizenship is determined by "the citizenship of all its members," meaning a limited liability company is a citizen of every state or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Because the court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party," Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006), the court HEREBY ORDERS Defendants to file an amended notice of removal on or before July 29, 2026, that properly alleges all parties' citizenships for purposes of diversity jurisdiction. 28 U.S.C. § 1653. If Defendants fail to do so, this action will be remanded to state court. 28 U.S.C. § 1447(c). Signed by Magistrate Judge Jared C. Bennett on 07/15/2026. (docket text order; no attached document) (jcd)
Racketeer/Corrupt Organization | New York Eastern
Order on Motion for Pre Motion Conference Scheduling Order
ORDER granting 521 Motion for Pre Motion Conference; granting 522 Motion for Pre Motion Conference; granting 523 Motion for Pre Motion Conference.
Upon the Court's review of the pre-motion conference letters (ECF Nos. 516-24, 529-31, 535-39), the Court finds that a pre-motion conference is not necessary, waives the requirement and sets the following briefing schedule:
(i) The moving papers shall be filed and served on or before September 4, 2026;(ii) Oppositions shall be filed and served on or before November 4, 2026; and(iii) Replies shall be filed and served on or before December 4, 2026;
In addition, the parties shall appear for an in-person oral argument on the anticipated motions for summary judgment on January 12, 2027, at 10:00 AM in Courtroom 1020 of the Central Islip Courthouse.
The parties shall provide courtesy copies of the motion papers as they are filed in accordance with the undersigned's Individual Rules. (See Rule 3(C)(3).)
So Ordered by Magistrate Judge James M. Wicks on 7/10/2026. (JAF)
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