U.S. Bank National Association v. Long Island City Partners LLC
| U.S. Bank National Association |
| Long Island City Partners LLC |
| 1:2021cv01347 |
| March 12, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: A pre-motion conference on defendant's #14 proposed motion to dismiss is not necessary. Defendant's motion to dismiss at #14 is accepted as filed. The joint proposed briefing schedule at #16 is so-ordered. Plaintiff shall file an opposition on or before 5/19/2021. Defendant shall file a reply, if any, on or before 5/28/2021. Ordered by Judge Rachel P. Kovner on 5/6/2021. (Lewis, Benjamin)
|
| Filing 16 Letter Regarding Motion To Dismiss Schedule by U.S. Bank National Association (Weissman, Noah) |
| Filing 15 Letter / Response To Defendant's Letter Request For Pre-Motion Conference by U.S. Bank National Association (Weissman, Noah) |
| Filing 14 First MOTION to Dismiss for Failure to State a Claim , First MOTION to Dismiss for Lack of Jurisdiction by Long Island City Partners LLC. (Attachments: #1 Declaration, #2 Memorandum in Opposition, #3 Exhibit) (Goidel, Jonathan) |
| Filing 13 Letter requesting pre-motion conference by Long Island City Partners LLC (Goidel, Jonathan) |
|
ORDER granting #12 Motion to Amend/Correct/Supplement; granting #12 Motion for Extension of Time to Answer Long Island City Partners LLC answer due 4/21/2021. Ordered by Magistrate Judge Robert M. Levy on 4/8/2021. (Marino, Janine)
|
| Filing 12 MOTION to Amend/Correct/Supplement , Consent MOTION for Extension of Time to File Answer by Long Island City Partners LLC. (Goidel, Jonathan) |
| Filing 11 NOTICE of Appearance by Jonathan M. Goidel on behalf of All Defendants (notification declined or already on case) (Goidel, Jonathan) |
| Filing 10 NOTICE of Appearance by Jonathan M. Goidel on behalf of All Defendants (aty to be noticed) (Goidel, Jonathan) |
| Filing 9 SUMMONS Returned Executed by U.S. Bank National Association. Long Island City Partners LLC served on 3/17/2021, answer due 4/7/2021. (Berger, Suzanne) |
| Filing 8 NOTICE of Appearance by Matias Ricardo Gallego-Manzano on behalf of U.S. Bank National Association (aty to be noticed) (Gallego-Manzano, Matias) |
| Filing 7 NOTICE of Appearance by Noah M. Weissman on behalf of U.S. Bank National Association (aty to be noticed) (Weissman, Noah) |
| Filing 6 Letter Response To Diversity Inquiry by U.S. Bank National Association (Berger, Suzanne) |
|
ORDER TO SHOW CAUSE: Plaintiff U.S. Bank National Association commenced this action in federal court on 3/15/2021. The #1 complaint based the Court's jurisdiction on diversity jurisdiction under 28 U.S.C. 1332, but plaintiff has not adequately alleged that it is diverse from defendant. Plaintiff is a resident of Ohio with a principal place of business in Ohio. Defendant is an 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). The complaint only alleges that defendant was organized "under the laws of the State of New York" and that defendant "still maintains its principal place of business" in New York. Plaintiff shall file a letter with the Court by 3/23/2021 that explains why the requirements for diversity jurisdiction are satisfied in this action. Ordered by Judge Rachel P. Kovner on 3/16/2021. (Lewis, Benjamin)
|
| Filing 5 Unsigned Order to Show Cause to Appoint A Receiver by U.S. Bank National Association (Attachments: #1 Affidavit in Support of Application for Appointment of a Receiver, #2 Exhibit 1 to Powell Affidavit - Loan Agreement, #3 Exhibit 2 to Powell Affidavit - Amended, Restated, and Consolidated Promissory Note, #4 Exhibit 3 to Powell Affidavit - Amended Mortgage Deed of Trust ALAR, #5 Exhibit 4 to Powell Affidavit - Payment Default Letter, #6 Exhibit 5 to Powell Affidavit - Notice of Default and Acceleration, #7 Exhibit 6 to Powell Affidavit - Property ECB Violations, #8 Exhibit 7 to Powell Affidavit - Property DOB Violations, #9 Exhibit 8 to Powell Affidavit - Michael Nanosky Bio, #10 Memorandum in Support of Order to Show Cause to Appoint a Receiver, #11 Proposed Order) (Berger, Suzanne) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 2 Summons Issued as to Long Island City Partners LLC. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Robert M. Levy. 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) |
| Filing 1 COMPLAINT against Long Island City Partners LLC filing fee $ 402, receipt number ANYEDC-14275037 Was the Disclosure Statement on Civil Cover Sheet completed -n,, filed by U.S. Bank National Association. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1 - Amended, Restated, and Consolidated Promissory Note, #4 Exhibit 2 - Amended Mortgage Deed of Trust, #5 Exhibit 3 - Loan Agreement, #6 Exhibit 4 - Assignment of LAR, #7 Exhibit 5 - CMA, #8 Exhibit 6 - Assignment Mortgage Deed of Trust, #9 Exhibit 7 - Unrecorded Assignment of Mortgage, #10 Exhibit 8 - General Assignment, #11 Exhibit 9 - Payment Default Letter, #12 Exhibit 10 - Notice of Default and Acceleration) (Berger, Suzanne) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US 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.
