Arcamone v. Kopnisky et al
| Ralph Francis Arcamone, Jr. |
| Astoria Federal Savings & Loan Association, Jack L. Kopnisky, Sterling National Bank, Astoria Financial Group, Astoria Bank, Monte N. Redman, Luis Massiani, Sterling Bancorp and Dovenmuehle Mortgage Co. |
| 3:2019cv01169 |
| July 29, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 17 SPECIAL OBJECTION re #14 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Remand to State Court until September 4, 2019, OBJECTION AND SUPPLEMENTAL NOTICE CONCERNINGDIVERSITY JURISDICTION EXISTS #16 filed by Ralph Francis Arcamone, Jr. (Payton, R.) |
| Filing 16 NOTICE by Astoria Bank, Astoria Federal Savings & Loan Association, Astoria Financial Group, Dovenmuehle Mortgage Co., Jack L. Kopnisky((or his successors or assigns) as President and CEO of Sterling National Bank and Sterling Bancorp.), Jack L. Kopnisky((or its successors or assigns) as President and CEO of Astoria Bank, Astoria Financial Group and Astoria Federal Savings and Loan Association), Luis Massiani((or his successors or assigns) as CFO of Sterling National Bank and Sterling Bancorp.), Monte N. Redman, Sterling Bancorp, Sterling National Bank re 15 Order on Motion for Extension of Time to File Response/Reply to Motion,,, (Picard, Christopher) |
Filing 15
ORDER. The #12 supplemental notice concerning jurisdiction continues to inadequately plead diversity jurisdiction. Specifically, the statement of citizenship for Defendant Monte N. Redman continues to base citizenship on residence, contradicting well-established law and this Court's 11 order. Within 7 days, Defendant shall file a revised statement adequately setting forth the basis for the Court's jurisdiction, or this case will be remanded to state court without further notice.Defendant's #14 motion for extension is granted. The Court notes, however, that Local Rule 7(b)(3) requires that a motion for extension be filed at least three days before the deadline sought to be extended, except in cases in which compelling circumstances arise in the interim. The Court is not likely to grant future untimely motions for extension.Signed by Judge Michael P. Shea on 9/5/2019. (Karpman, Michael)
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| Filing 14 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Remand to State Court until September 4, 2019 by Astoria Bank, Astoria Federal Savings & Loan Association, Astoria Financial Group, Dovenmuehle Mortgage Co., Jack L. Kopnisky((or his successors or assigns) as President and CEO of Sterling National Bank and Sterling Bancorp.), Jack L. Kopnisky((or its successors or assigns) as President and CEO of Astoria Bank, Astoria Financial Group and Astoria Federal Savings and Loan Association), Luis Massiani((or his successors or assigns) as CFO of Sterling National Bank and Sterling Bancorp.), Monte N. Redman, Sterling Bancorp, Sterling National Bank. (Picard, Christopher) |
| Filing 13 OBJECTION re #8 MOTION to Remand to State Court filed by Astoria Bank, Astoria Federal Savings & Loan Association, Astoria Financial Group, Dovenmuehle Mortgage Co., Jack L. Kopnisky((or his successors or assigns) as President and CEO of Sterling National Bank and Sterling Bancorp.), Jack L. Kopnisky((or its successors or assigns) as President and CEO of Astoria Bank, Astoria Financial Group and Astoria Federal Savings and Loan Association), Luis Massiani((or his successors or assigns) as CFO of Sterling National Bank and Sterling Bancorp.), Monte N. Redman, Sterling Bancorp, Sterling National Bank. (Picard, Christopher) |
| Filing 12 NOTICE by Astoria Bank, Astoria Federal Savings & Loan Association, Astoria Financial Group, Dovenmuehle Mortgage Co., Jack L. Kopnisky((or his successors or assigns) as President and CEO of Sterling National Bank and Sterling Bancorp.), Jack L. Kopnisky((or its successors or assigns) as President and CEO of Astoria Bank, Astoria Financial Group and Astoria Federal Savings and Loan Association), Luis Massiani((or his successors or assigns) as CFO of Sterling National Bank and Sterling Bancorp.), Monte N. Redman, Sterling Bancorp, Sterling National Bank re 11 Order,,,,,, (Picard, Christopher) |
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Filing 11
ORDER. The Defendants' #10 notice does not adequately plead diversity jurisdiction. For the individual defendants, the #10 notice states their residence and sometimes their business address, and goes on to say that "[t]herefore," they are a citizen of their state of residence. But residence is not the same as citizenship. As the Court noted in its 7 order, "[a]n individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," and not his residence. Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). "Domicile is 'the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Id. (citations omitted). When jurisdiction is based on diversity of citizenship, to satisfy Rule 8(a)(1)'s requirement for a "short and plain statement of the grounds for the court's jurisdiction," the complaint or notice of removal must allege the citizenship or domicile of each party. At the pleading stage, it need not necessarily state in detail the factual basis supporting citizenship; but it also cannot state that a party's citizenship follows from residence alone. Within seven days, Defendant shall file a statement adequately setting forth the basis for the Court's jurisdiction, or this case will be remanded to state court. Signed by Judge Michael P. Shea on 8/26/2019.(Karpman, Michael)
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| Filing 10 First NOTICE by Astoria Bank, Astoria Federal Savings & Loan Association, Astoria Financial Group, Dovenmuehle Mortgage Co., Jack L. Kopnisky((or his successors or assigns) as President and CEO of Sterling National Bank and Sterling Bancorp.), Jack L. Kopnisky((or its successors or assigns) as President and CEO of Astoria Bank, Astoria Financial Group and Astoria Federal Savings and Loan Association), Luis Massiani((or his successors or assigns) as CFO of Sterling National Bank and Sterling Bancorp.), Monte N. Redman, Sterling Bancorp, Sterling National Bank re 7 Order,,,,,,,, (Picard, Christopher) |
| Filing 9 MOTION to Participate in Electronic Filing by Ralph Francis Arcamone, Jr. (Peterson, M) |
| Filing 8 MOTION to Remand to State Court by Ralph Francis Arcamone, Jr. Responses due by 9/3/2019. (Peterson, M) |
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Filing 7
ORDER. The #1 Notice of Removal states that the Court has jurisdiction over this matter under 28 U.S.C. 1332, but it fails to adequately state the citizenship of several of the parties. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). Specifically, only the business address of defendant Monte N. Redman is listed, but "[a]n individual's citizenship, within the meaning of the diversity statute, is determined by his domicile." See, e.g., Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir.1998). The Notice of Removal also fails to establish the citizenship of defendants Sterling Bancorp, Sterling National Bank, and Dovenmuehle Mortgage Company, Inc. The Notice provides a business address for each of these entities, but "a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 48 (2d Cir. 2012) (emphasis added); see also OneWest Bank, N.A. v. Melina, 827 F.3d 214 (2d Cir. 2016) (discussing the citizenship of national banks for the purposes of diversity jurisdiction).As a result, the Notice of Removal fails to allege a sufficient basis for the exercise of diversity jurisdiction. Within fourteen days, Defendant shall file a statement clearly setting forth the basis for the Court's jurisdiction. The statement must state the domicile of each of the individual defendants and, for each of the organizational defendants, the type of entity, the state under whose laws the entity was organized, and the entity's principal place of business. Signed by Judge Michael P. Shea on 7/31/2019. (Karpman, Michael)
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| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Protective Order, #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, #1 Notice of Removal,, filed by Sterling Bancorp, Sterling National Bank, Jack L. Kopnisky, Luis Massiani, Dovenmuehle Mortgage Co., Monte N. Redman Signed by Clerk on 07/31/2019. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
| Filing 2 Docket Entry Annotation - sent email to filing attorney requesting filing fee or motion for IFP be filed by 12:00 pm on 7/30/2019. (Walker, J.) |
| Filing fee received from McCalla Raymer Leibert Pierce, LLC: $ 400, receipt number CTXH00015908 (Peterson, M) |
| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 1 NOTICE OF REMOVAL by Monte Redman, Sterling Bancorp, Luis Massiani, Dovenmuehle Mortgage Inc, Jack Kopnisky, Sterling National Bank from Judicial District of Stamford at Stamford, case number FST-CV19-5021913-S., filed by Monte Redman, Sterling Bancorp, Luis Massiani, Dovenmuehle Mortgage Inc, Jack Kopnisky, Sterling National Bank. (Attachments: #1 Exhibit Civil Action, #2 Exhibit Docket Report, #3 Exhibit Order of Judgment, #4 Exhibit Committe Motion, #5 Exhibit Approval of Committee Motion, #6 Exhibit Sale to Third Party, #7 Exhibit Notice of Removal - State Court Notice)(Picard, Christopher) |
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