Marett v. Citigroup Global Markets Realty Corp. et al
||John Doe 1-4, Kondaur Capital Corporation and Citigroup Global Markets Realty Corp.
||May 18, 2011
||US District Court for the Eastern District of New York
||Dora Lizette Irizarry
||Viktor V. Pohorelsky
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||28 U.S.C. § 1331 Fed. Question
|Jury Demanded By:
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|March 30, 2012
ORDER granting 10 Motion to Dismiss for Failure to State a Claim; granting 10 Motion to Dismiss for Lack of Jurisdiction - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, defendant Kondaur Capital Corp.'s motion to dismi ss is granted. Because the complaint also fails to set forth this court's subject matter jurisdiction over defendant Citigroup Global Markets Realty Corp, and plaintiff has yet to identify the John Doe defendants, the complaint is dismissed wit h prejudice against all defendants as to the federal claims, and without prejudice as to any state law claims plaintiff may have, which plaintiff is free to pursue in state court. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Defendant Kondaur Capital Corp. is her eby directed to serve a copy of this Electronic Order and the Attached Written Summary Order on pro se plaintiff and codefendant Citigroup within five days of the date of this Order and immediately thereafter electronically file proof of such service with the court. The Clerk of the Court is directed to enter judgment in favor of defendants and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/30/2012. (Irizarry, Dora)
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