Global Shareholder Services, Inc. v. The Laurel Hill Advisory Group, LLC

Docket(#10) Acknowledgment of receipt by State Court on 2/9/21 re: Certified copy of #9 Order of Remand. (AG) (Entered: 02/12/2021)

Docket(#9) ORDER: The Clerk is directed to remand this case to state court because the Court lacks subject-matter jurisdiction. After remand, the Clerk shall close this case. Signed by Judge Virginia M. Hernandez Covington on 2/4/2021. (LEA) (Entered: 02/04/2021)

Docket(#8) RESPONSE re 5 Order filed by The Laurel Hill Advisory Group, LLC. (Attachments: #1 Declaration of William Catacosinos, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(McMahon, Ryan) (Entered: 02/02/2021)

Docket(#7) ENDORSED ORDER granting the defendant's unopposed motion for extension of time to respond to the complaint. (Doc. #4). The responsive pleading is due February 22, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/26/2021. (LEA) (Entered: 01/26/2021)

Docket(#6) ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by February 9, 2021, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 1/26/2021. (LEA) (Entered: 01/26/2021)

Docket(#5) ENDORSED ORDER: On January 22, 2021, Defendant Laurel Hill Advisory Group, LLC removed this case on the basis of diversity jurisdiction. (Doc. #1). However, the notice of removal fails to establish that complete diversity exists. Laurel Hill alleges that Plaintiff Global Shareholder Services, Inc. is a Florida corporation that maintains its principle place of business in Sarasota, Florida. (Id. at 2). But the notice merely states that Laurel Hill is "a Delaware limited liability company that maintains its principle place of business [in New York.]." (Id). "[A] limited liability company 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). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Accordingly, Laurel Hill is directed to provide additional information establishing, if possible, that complete diversity exists by February 2, 2021. Additionally, the complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Laurel Hill argues that damages exceed $75,000 because Global Shareholder's claims are based on a purported agreement where Global Shareholder was to be paid "5% of all gross fees" Laurel Hill generated from non-party Publix. (Doc. #1) at 3). But Laurel Hill does not allege the amount of gross fees that have been generated. Therefore, the Court is unable to determine whether the amount in controversy has been met by Global Shareholder's damages claim without engaging in heavy speculation. Accordingly, by February 2, 2021, Laurel Hill is also directed to provide the Court with more information regarding the amount of damages in order to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 1/26/2021. (LEA) (Entered: 01/26/2021)

Docket(#4) First MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by The Laurel Hill Advisory Group, LLC. (McMahon, Ryan) (Entered: 01/25/2021)

Docket(#3) NOTICE to counsel Ryan John McMahon of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov. (Signed by Deputy Clerk) (JLD) (Entered: 01/25/2021)

Docket(#2) NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-0174-T-33JSS. (SJB) (Entered: 01/22/2021)

Docket(#1) COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Twelfth Judicial Circuit in and for Sarasota County, FL, case number 2021 CA 0053 NC filed in State Court on January 6, 2021. filed by The Laurel Hill Advisory Group, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Civil Cover Sheet, #4 State Court Other Documents, #5 Exhibit B)(McMahon, Ryan) (Entered: 01/22/2021)