Dynamic Enjoy Corporation v. Piccolo by Gambrinus, LLC
- Vernon Broderick
- 1:22-cv-09909
- U.S. District Court · Southern District of New York
- 2
In Dynamic Enjoy v. Piccolo, Judge Broderick ordered letters addressing jurisdiction, venue, and a possible counterclaim.
Dynamic Enjoy Corporation and Nadia Christopoulos, the plaintiffs, and Piccolo by Gambrinus, LLC, Alexander Cesaria Vanderbilt, and Cando Capital, LLC, the defendants, must provide the ordered information and filings.
What happened
In Dynamic Enjoy Corporation v. Piccolo by Gambrinus, LLC, the court required the parties to explain why the federal court has authority over the dispute and why New York is the proper place for it. The order did not decide the underlying claims.
The parties must file a joint letter by May 3, 2024, providing citizenship information for the individuals and business entities involved. The defendants must also state by that date whether they will ask to file a counterclaim and attach the proposed counterclaim if they will. The plaintiffs must say by May 8, 2024, whether they object.
Judge Vernon S. Broderick issued the order after an April 26 telephone conference. The order directs the parties to provide the requested information and letters by the stated deadlines.
The detailed version
- Dynamic Enjoy Corporation v. Piccolo by Gambrinus, LLC · No. 1:22-cv-09909
- Vernon Broderick
- Apr. 29, 2024
Background
The order followed a telephone conference held on April 26, 2024. The opinion does not describe the parties’ underlying claims or the factual dispute.
Jurisdiction and venue
The court ordered all parties to file a joint letter by May 3, 2024, briefly explaining why jurisdiction and venue are proper in the Southern District of New York. The court stated that allegations of residency alone do not establish a person’s citizenship for jurisdictional purposes.
The court required the letter to identify the relevant citizenship information for the parties. For a corporation, the letter must state its place of incorporation and principal place of business. For a partnership, limited partnership, limited liability company, or trust, the letter must state the citizenship of each member, shareholder, partner, or trustee. The court specifically noted that a limited liability company is a citizen of every state of which its members are citizens.
Possible counterclaim
The court separately ordered the defendants to file a letter by May 3, 2024, stating whether they will seek permission to file a counterclaim. If they seek permission, they must attach the proposed pleading. The plaintiffs must file a letter by May 8, 2024, stating whether they object to the proposed counterclaim.
Disposition
Judge Vernon S. Broderick entered a case-management order requiring the specified letters and information. The order did not rule on the merits of the parties’ claims, decide jurisdiction or venue, or grant or deny permission to file a counterclaim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.