Blue Castle (Cayman) Ltd. v. 498 Vermont Street LLC et al
| Blue Castle (Cayman) Ltd. |
| 498 Vermont Street LLC, National Bank of New York City, The City of New York, John Doe #1 through John Doe #100 and Doris Santana |
| 1:2022cv01231 |
| March 7, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Real Property: Foreclosure |
| 12 U.S.C. § 191 Bank Foreclosure |
| None |
Docket Report
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ORDER: The Motion for Extension of Time to File #15 is granted. The deadline for defendant 498 Vermont Street LLC to file a motion that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered, is extended to 6/10/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/5/2022. (Bruckner, Ian)
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| Filing 15 MOTION for Extension of Time to File a Motion by 498 Vermont Street LLC. (Kingsley, Howard) |
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ORDER: Defendant 498 Vermont Street LLC filed an answer to the Complaint #14 on 4/21/2022. The deadline for 498 Vermont Street LLC to answer was 4/20/2022. Because it seeks to answer after the time to do so has passed, 498 Vermont Street LLC must file a motion by 5/9/2022 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 4/25/2022. (Bruckner, Ian)
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| Filing 14 ANSWER to #1 Complaint,, by 498 Vermont Street LLC. (Giampolo, John) |
| Filing 13 Request for Certificate of Default by Blue Castle (Cayman) Ltd. (Attachments: #1 Proposed Certificate of Clerk's Entry of Default, #2 Affidavit in Support Affirmation in Support of Request for Clerk's Entry of Default, #3 Exhibit AOS of 498 Vermont Street, LLC) (Light, Danielle) |
| Filing 12 MOTION to Substitute Party Doris Santana instead of "John Doe #1" by Blue Castle (Cayman) Ltd.. (Light, Danielle) |
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ORDER: The motion to substitute party #12 is granted. The Clerks Office is directed to substitute Doris Santana for John Doe #1 and amend the docket accordingly. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/19/2022. (Manson, Eddie)
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| Filing 11 SUMMONS Returned Executed by Blue Castle (Cayman) Ltd.. John Doe #1 through John Doe #100 served on 3/21/2022, answer due 4/11/2022. (Light, Danielle) |
| Filing 10 SUMMONS Returned Executed by Blue Castle (Cayman) Ltd.. 498 Vermont Street LLC served on 3/30/2022, answer due 4/20/2022. (Light, Danielle) |
| Filing 9 SUMMONS Returned Executed by Blue Castle (Cayman) Ltd.. National Bank of New York City served on 3/15/2022, answer due 4/5/2022. (Light, Danielle) |
| Filing 8 SUMMONS Returned Executed by Blue Castle (Cayman) Ltd.. The City of New York served on 3/15/2022, answer due 4/5/2022. (Light, Danielle) |
| Filing 7 Letter to the Honorable Judge Sanket J. Bulsara by Blue Castle (Cayman) Ltd. (Attachments: #1 Exhibit Ex A - DOS Search, #2 Exhibit Ex B - Lolli's NYS issued Driver's License) (Light, Danielle) |
| Filing 6 NOTICE Pursuant to RPAPL 1320, filed by Blue Castle (Cayman) Ltd. (Attachments: #1 Notice to Tenant RPAPL 1303, #2 Help for Homeowners - RPAPL 1303) (Light, Danielle) Modified. (Latka-Mucha, Wieslawa) |
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ORDER TO SHOW CAUSE: Plaintiff filed a Complaint (Dkt. No. #1 ) alleging that this Court has diversity jurisdiction under 28 U.S.C. 1332 because the amount in controversy exceeds $75,000 and the parties are diverse. (Id. para. 8). "The party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Advani Enters., Inc. v. Underwriters at Lloyds, 140 F.3d 157, 160 (2d Cir. 1998). Section 1332(a) requires complete diversity among the plaintiffs and defendants for a federal court to exercise diversity jurisdiction. Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001) ("[D]iversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships."). For the purposes of diversity, a limited liability company takes the citizenship of each of its members. Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Plaintiff alleges that it is incorporated in the Cayman Islands and has its principal place of business in Florida, and that all defendants are citizens of New York--including defendant 498 Vermont Street LLC, which has its principal place of business in Brooklyn, New York. (Dkt. No. 1, paras. 3-6). Plaintiff avers that 498 Vermont Street LLC is a limited liability company but does not disclose its members or their citizenship. Although the mortgage attached to the Complaint states that 498 Vermont Street LLC has only one member, that member's citizenship is not disclosed. (Dkt. No. 1-7 1.25(a)). By 3/15/2022, Plaintiff must show cause by why this Court has subject matter jurisdiction by filing a letter no longer than 2 pages that identifies all members of 498 Vermont Street LLC and their citizenship. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/8/2022. (Bruckner, Ian)
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| 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 498 Vermont Street LLC, National Bank of New York City, The City of New York. (Attachments: #1 Rider) (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Blue Castle (Cayman) Ltd. (Light, Danielle) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15351681 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Blue Castle (Cayman) Ltd.. (Attachments: #1 Proposed Summons, #2 Summons Rider, #3 Civil Cover Sheet Civil Cover Sheet, #4 Corporate Disclosure, #5 Exhibit Ex A - Legal Description, #6 Exhibit Ex B - Note, #7 Exhibit Ex C - Mortgage, #8 Exhibit Ex D - Assignment to Blue Castle, #9 Exhibit Ex E - Guaranty, #10 Exhibit Ex F - Assignment of Leases, #11 Exhibit Ex G - Assignment of Assignment of Leases and Rents) (Light, Danielle) (Modified: Attachment # 6 "Exhibit B - Note" replaced on 3/8/2022) (Latka-Mucha, Wieslawa) |
| Notice: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. 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) |
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