Levy v. J.P. Morgan Chase Bank, N.A. et al
| Winston Levy |
| Ashour Future, Inc., NY State Department of Taxation and Finance, Kourosh Ashourzadeh, Rimbambitto LLC, U.S. Bank, N.A., BNH Five Pack LLC and J.P. Morgan Chase Bank, N.A. |
| 1:2019cv00769 |
| February 6, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Peggy Kuo |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER TO SHOW CAUSE: Plaintiff is ordered to show cause on or before February 27, 2019, why the Court should not dismiss this case for lack of subject matter jurisdiction. Plaintiff pleads that the Court has diversity jurisdiction but also pleads that he is a citizen of New York, defendant Kourosh Ashourzadeh resides in New York, and defendants Ashour Future Inc., BNH Five Pack LLC, Rimbambato LLC, and New York States Department of Taxation and Finance are New York State corporations with principal places of business in New York state. Federal courts are courts of limited jurisdiction and may not hear cases if they lack subject matter jurisdiction over the issues presented. Lyndonville Sav. Bank & Trust Co. v. Lussier, 211 F.3d 697, 700-01 (2d Cir. 2000). For a federal court to exercise subject matter jurisdiction based on diversity, there must be complete diversity of citizenship between all plaintiffs and all defendants. Pa. Pub. Sch. Emps. Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117-18 (2d Cir. 2014). Based on the allegations in the complaint, complete diversity is lacking. In addition, Plaintiff cannot bring an action under 18 U.S.C. 1341 because it is a criminal statute that does not expressly create a private right of action. Hill v. Didio, 191 F. App'x 13, 14 (2d Cir. 2006); Official Publ'ns, Inc. v. Kable News Co., 884 F.2d 664, 667 (2d Cir. 1989). Failure to comply with this order will result in dismissal of the complaint. Ordered by Judge Margo K. Brodie on 2/20/2019. (Beeney, Eliza)
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| Filing 3 Letter MOTION for pre motion conference by U.S. Bank, N.A.. (Brigandi, John) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Winston Levy. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 27082 (Bowens, Priscilla) |
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