NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P.41 (a)(1)(A)(i):Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) Transaisa Commodities or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Newlead JMEG, LLC, et al. (Signed by Judge John G. Koeltl on 11/19/2013) (lmb) (Entered: 11/19/2013)
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, January 14, 2014, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107 (Pretrial Conference set for 1/14/2014 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (djc) (Entered: 11/19/2013)
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Transasia Commodities Limited. (Mandell, Jill) Modified on 11/19/2013 (jno). (Entered: 11/18/2013)
ORDER: The plaintiff has alleged diversity jurisdiction pursuant to 28 U.S.C. § 1332.... The plaintiff should therefore advise the Court as soon as possible as to the citizenship of all members of NewLead JMEG, LLC, and any other parties to this action that qualify as limited liability companies or limited partnerships. The complaint also indicates that there are alien parties on both sides of this action. The plaintiff, TransAsia Commodities Limited, is described as a "foreign corporation with its principal place of business located in London, United Kingdom." (Compl. paragraph. 1.) Defendant NewLead Holdings Ltd. is described as a "Bermuda corporation with its principal place of business located... [in] Greece," and Defendant Michael Zolotas is described as a citizen of Greece. (Compl. paragraphs 2, 6.) The plaintiff should therefore advise the Court as to why the presence of aliens on both sides of this action does not destroy diversity jurisdiction... ("[D]iversity does not exist within the meaning of [28 U.S.C. § 1332(a)] where on both sides of the dispute the parties are all foreign entities, or where on one side there are citizens and aliens and on the opposite side there are only aliens." (citations omitted)). (Signed by Judge John G. Koeltl on 11/12/2013) (ja) (Entered: 11/13/2013)
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