Hung et al v. Hurwitz, Esq. et al
| Duo-Chi Hung and Lao-Teh Hung |
| Asher T. Brand, Esq., Elizabeth W. Hurwitz, Esq., Lih Yuh Kuo and The Dime Savings Bank of New York, FSB |
| 1:2017cv04140 |
| July 12, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| William F. Kuntz |
| Real Property: Other |
| 28 U.S.C. ยง 1337 Sherman-Clayton Act |
| None |
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Filing
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MEMORANDUM AND ORDER: The Court grants Plaintiffs an additional, and final, 30 days leave to file a third amended complaint to establish complete diversity of citizenship among themselves and each defendant named in the amended complaint (meaning tha t no named defendant can be a citizen of New York). See Pearson v. Reid-Robinson, 632 F. App'x 19, 19 (2d Cir. 2016) (holding courts should allow "plaintiffs to amend complaints to drop dispensable nondiverse defendants whose presen ce would defeat diversity of citizenship." The third amended complaint will completely replace the original, Amended and Second Amended Complaints, must be captioned, "Third Amended Complaint," and must bear the same docket number as t his Memorandum and Order.If Plaintiffs fail to file a third amended complaint within the time allowed, or cure the deficiencies discussed herein, judgment shall issue dismissing this action. Although Plaintiffs paid the filing fee to bring this actio n, the Court certifies pursuant to 28 U.S.C. § 1915 (a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO Ordered by Judge William F. Kuntz, II on 12/6/2017. (Tavarez, Jennifer)
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Filing
6
MEMORANDUM AND ORDER: The complaint is dismissed for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). In light of its duty to liberally construe pro se complaints, the Court grants Plaintiffs 30 days leave to file an amended complaint. If Plaintiffs fail to file an amended complaint within the time allowed, judgment shall issue dismissing this action for the reasons set forth above. Although Plaintiffs paid the filing fee to bring this action, the Court certifies pursuant to 28 U.S .C. § 1915 (a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438,444-45 (1962). So Ordered by Judge William F. Kuntz, II on 8/28/2017. (Tavarez, Jennifer)
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