Yusubov et al v. Zoya AB Management, LLC et al
| MAZANTU PEYSAKHOVA and SHIRIN YUSUBOV |
| ALBERT BENJAMIN, Fubu Mobile, Inc and ZOYA AB MANAGEMENT, LLC |
| 1:2020cv03913 |
| August 24, 2020 |
| U.S. District Court for the Eastern District of New York |
| Rachel P Kovner |
| Cheryl L Pollak |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ELECTRONIC STATUS REPORT ORDER: The parties are directed to provide a status letter to this Court within thirty (30) days of the date of this Order. Status Report due by 11/2/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/2/2020. (Caggiano, Diana) |
| Filing 10 SUMMONS Returned Executed by Shirin Yusubov, Mazantu Peysakhova. Albert Benjamin served on 8/31/2020, answer due 9/21/2020. (Yuniver, Steven) |
| Filing 9 NOTICE of Lis Pendens by Mazantu Peysakhova, Shirin Yusubov (Yuniver, Steven) |
| Filing 8 SUMMONS Returned Executed by Shirin Yusubov, Mazantu Peysakhova. Zoya AB Management, LLC served on 9/4/2020, answer due 9/25/2020. (Yuniver, Steven) |
| Filing 7 SUMMONS Returned Executed by Shirin Yusubov, Mazantu Peysakhova. Fubu Mobile, Inc served on 9/4/2020, answer due 9/25/2020. (Yuniver, Steven) |
| Filing 6 REPLY in Support re Order,,,,,, Plaintiff Letter describing the citizenship of the members of the LLC defendant or otherwise describing a basis for this Court's jurisdiction. filed by Mazantu Peysakhova, Shirin Yusubov. (Yuniver, Steven) |
ORDER: In the #1 complaint, plaintiffs base the Court's jurisdiction on diversity jurisdiction under 28 U.S.C. 1332. 28 U.S.C. 1332 requires complete diversity between all plaintiffs and defendants to provide a basis for federal court jurisdiction. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Plaintiffs have not adequately alleged that they are diverse from defendant Zoya AB Management, LLC. The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). Plaintiffs state that defendant Zoya AB Management, LLC is "a limited liability company duly organized and existing under the laws of the state of New Jersey," with its "primary place of business" in New Jersey. See Compl. 4. Plaintiffs further allege that defendant Albert Benjamin is the "sole manager" of defendant Zoya AB Management, LLC! , and that Mr. Benjamin is a citizen of New York. See id. 4, 6. Plaintiffs later refer to Mr. Benjamin as the "Managing Member of Zoya." Id. 18. But plaintiffs do not clarify whether Mr. Benjamin is the sole member of Zoya AB Management, LLC. Plaintiffs shall file a letter with the Court by 9/18/2020 describing the citizenship of the members of the LLC defendant or otherwise describing a basis for this Court's jurisdiction. Ordered by Judge Rachel P. Kovner on 8/28/2020. (Herrera, Isaiah)
|
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Mazantu Peysakhova, Shirin Yusubov (Attachments: #1 Civil Cover Sheet) (Yuniver, Steven) |
| Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Plaintiffs filing fee $ 400, receipt number ANYEDC-13258901 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by SHIRIN YUSUBOV, MAZANTU PEYSAKHOVA. (Attachments: #1 SUMMONS IN A CIVIL MATTER, #2 Civil Cover Sheet, #3 Exhibit A Legal Description, #4 Exhibit B Deed 2019, #5 Exhibit C Albert Benjamin Promissory Note, #6 Exhibit D Fubumobile Promissory Note, #7 Exhibit E 450k Mortgage, #8 Exhibit F Zoya AB Management Promissory Note, #9 Exhibit G June 12 Notice to Collect Debt) (Yuniver, Steven) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
