Rivera v. Gonzalez-Espinoza
- Loretta Preska
- 1:20-cv-09131
- U.S. District Court · Southern District of New York
- 2
Rivera v. Gonzalez-Espinoza: Judge Aaron ordered jurisdictional information and set case-management deadlines.
Eliezer Rivera, Yanier Gonzalez-Espinoza, and M & C Freight, LLC, because the order requires jurisdictional information and sets deadlines for pleadings, discovery, and expert reports.
What happened
Rivera v. Gonzalez-Espinoza involved the defendants’ obligation to establish federal jurisdiction based on the parties’ citizenship. The court required information about the individual members of M & C Freight, LLC.
The court ordered the defendants to file that information by July 14, 2021, and set deadlines for discovery, amended pleadings, and expert reports. It also required a joint discovery-status letter and stated that extensions could be granted for good cause.
Judge Stewart D. Aaron issued the order after a telephone conference. The order managed the case and requested information about jurisdiction; it did not decide whether federal jurisdiction exists or resolve the underlying dispute.
The detailed version
- Rivera v. Gonzalez-Espinoza · No. 1:20-cv-09131
- Loretta Preska
- July 7, 2021
Background
Following a telephone conference with the parties, the court addressed the information needed to evaluate subject-matter jurisdiction based on diversity of citizenship and established a schedule for the case.
Jurisdictional Information
The court ordered Yanier Gonzalez-Espinoza and M & C Freight, LLC to file a letter by July 14, 2021, stating the citizenship of each individual member of M & C Freight, LLC. The order explained that a limited liability company has the citizenship of its members and that the party invoking federal jurisdiction bears the burden of showing that jurisdiction exists. It also cited the requirement that diversity jurisdiction generally be complete, meaning that no plaintiff and defendant may be citizens of the same state. The order did not determine whether jurisdiction exists.
Case Schedule
The parties were ordered to file a joint letter about the status of discovery on October 6,
- The deadline for amendments to the pleadings was November 30,
- Fact discovery was to be completed by January 7,
- Plaintiff’s expert reports were due February 11, 2022; Defendants’ expert reports were due March 11, 2022; and expert discovery was to be completed by April 11,
- The order stated that deadline extensions could be granted for good cause.
Ruling
Judge Stewart D. Aaron entered a case-management order requiring the jurisdictional filing and setting these deadlines. The order did not rule on the merits of the parties’ claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.