Cape Fear Multifamily, LLC et al v. Weingarten et al
| Cape Fear Multifamily, LLC and Astoria Acquisition, LLC |
| Moshe Weingarten, Valor Residential Group, LLC, Astoria Owner, LLC, Landmark Abstract Agency, LLC, Jacob Rekant and Old Republic National Title Insurance Company |
| 1:2023cv03827 |
| May 23, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Dora Lizette Irizarry |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
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| Filing 30 Corporate Disclosure Statement by Old Republic National Title Insurance Company (Fiveson, David) |
Filing 29
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 9/01/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 8/28/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/28/2023. (EM)
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ORDER: The Motion for Extension of Time to Answer #28 is hereby granted. The deadline for Defendants Landmark Abstract Agency, LLC and Jacob Rekant to answer, move, or otherwise respond to the Complaint is extended to 7/24/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/23/2023. (MD)
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| Filing 28 First MOTION for Extension of Time to File Answer by Landmark Abstract Agency, LLC, Jacob Rekant. (Zachter, Jeffrey) |
| Filing 27 SUMMONS Returned Executed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. Old Republic National Title Insurance Company served on 6/2/2023, answer due 7/24/2023. (Lurie, Joshua) |
| Filing 26 SUMMONS Returned Executed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. Jacob Rekant served on 6/5/2023, answer due 6/26/2023. (Lurie, Joshua) |
| Filing 25 SUMMONS Returned Executed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. Valor Residential Group, LLC served on 6/6/2023, answer due 7/24/2023. (Lurie, Joshua) |
| Filing 24 SUMMONS Returned Executed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. Landmark Abstract Agency, LLC served on 6/15/2023, answer due 7/6/2023. (Lurie, Joshua) |
| Filing 23 SUMMONS Returned Executed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. Moshe Weingarten served on 6/6/2023, answer due 7/24/2023. (Lurie, Joshua) |
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ORDER: The motion for extension of time to answer #21 is hereby granted. The deadline for Defendants Astoria Owner LLC, Valor Residential Group LLC, and Moshe Weingarten to answer, move, or otherwise respond to the Complaint is extended to 7/24/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/20/2023. (MD)
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| Filing 22 NOTICE of Appearance by Matteo J. Rosselli on behalf of Astoria Owner, LLC, Valor Residential Group, LLC, Moshe Weingarten (aty to be noticed) (Rosselli, Matteo) |
| Filing 21 First MOTION for Extension of Time to File Answer Complaint by Astoria Owner, LLC, Valor Residential Group, LLC, Moshe Weingarten. (Stein, Adam) |
| Filing 20 Corporate Disclosure Statement by Astoria Owner, LLC, Valor Residential Group, LLC, Moshe Weingarten (Stein, Adam) |
| Filing 19 NOTICE of Appearance by Adam Stein on behalf of Astoria Owner, LLC, Valor Residential Group, LLC, Moshe Weingarten (aty to be noticed) (Stein, Adam) |
| Filing 18 Corporate Disclosure Statement by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC identifying Corporate Parent Astoria Acquisition, LLC, Corporate Parent Atlantic Multifamily, LLC. for Cape Fear Multifamily, LLC; Corporate Parent Maxus Realty Trust, Inc., Corporate Parent Mlake 18, LLC for Astoria Acquisition, LLC. (Lurie, Joshua) |
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ORDER: Defendant Old Republic National Title Insurance Company ("Old Republic") filed a Rule 7.1 disclosure statement #16 identifying Old Republic as "a Florida corporation." That is not sufficient to infer that this Court has subject matter jurisdiction over this case. "For diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank, New York Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012); see also 28 U.S.C. 1332(c)(1). Here, Defendant's disclosure statement fails to identify Old Republic's principal place of business or those of Old Republic's parent corporations. Old Republic shall file a revised disclosure statement, including information about Old Republic's place of incorporation and principal place of business, by 6/28/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/14/2023. (MD)
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| Filing 17 Letter in response to the Court's Order to Show Cause by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Attachments: #1 Exhibit Defendants Application in the United States District Court for the Western District of Missouri) (Lurie, Joshua) |
| Filing 16 Corporate Disclosure Statement by Old Republic National Title Insurance Company (Fiveson, David) |
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ORDER: The Rule 7.1 Statement filed by Plaintiffs #14 is deficient. "The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]" Fed. R. Civ. P. 7.1(a)(2). Plaintiffs' statement fails to name the members of the Plaintiff LLCs. Plaintiffs are directed to file a compliant statement by 6/16/2023.In addition, the motion for extension of time to file answer #15 is hereby granted. The deadline for Defendant Old Republic National Title Insurance Company to answer, move, or otherwise respond to the Complaint is extended to 7/24/2023. Defendant's counsel is also reminded to file the required Rule 7.1 disclosure statement by 6/20/2023. Fed. R. Civ. P. 7.1(a) ("A party... must file the disclosure with its first appearance, pleading, petition, motion, response, or other request addressed to the court[.]") So Ordered by Magistrate Judge Sanket J. Bulsara on 6/12/2023. (MD)
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| Filing 15 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Old Republic National Title Insurance Company. (Fiveson, David) |
| Filing 14 Corporate Disclosure Statement by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC identifying Corporate Parent Astoria Acquisition, LLC, Corporate Parent Atlantic Multifamily, LLC for Cape Fear Multifamily, LLC; Corporate Parent Maxus Realty Trust, Inc., Corporate Parent Mlake 18, LLC for Astoria Acquisition, LLC. (Lurie, Joshua) |
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ORDER TO SHOW CAUSE: Plaintiffs initiated this action in federal court on May 23, 2023. (Dkt. No. #1 ). Plaintiffs allege this Court has diversity jurisdiction under 28 U.S.C. 1332(a) because the amount in controversy exceeds $75,000 and the parties are diverse. (Id. para. 13). "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). And "[f]or purposes of diversity jurisdiction, a party's citizenship depends on [her] domicile." Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998). "[T]he domicile of a party to a diversity of citizenship case is the place where that individual has a true, fixed home and principal establishment, and to which, whenever that person is absent from the jurisdiction, he or she has the intention of returning[.]" 13E Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 3612 (3d ed. 2021); Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). Plaintiffs allege diversity because they are North Carolina and Missouri LLCs and Defendants are New York and Delaware LLCs, "residents" of New York, and a Florida corporation. (Dkt. No. #1 , paras. 5-12). The Complaint does not disclose the domicile of the two Individual Defendants, and it does not disclose the various LLCs' members or their citizenships for the purposes of diversity. As a result, the Court is unable to conclude whether it possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a).The Court's inability to ascertain subject matter jurisdiction is compounded by the fact that Plaintiffs failed to file a compliant Rule 7.1 disclosure statement which would otherwise provide information concerning the citizenship in a diversity case. Specifically, Plaintiffs' disclosure statement, (Dkt. No. #2 ), only includes information about corporate relationships, and nothing about diversity of citizenship, which is what the newly amended Rule 7.1 requires where the alleged subject-matter jurisdiction is based upon diversity of citizenship. Counsel is directed to review the newly amended Rule 7.1, which became effective on December 1, 2022, and file compliant statements by 6/13/2023.By 6/13/2023, Plaintiffs shall show cause why this action should not be dismissed for lack of jurisdiction. To the extent that Plaintiffs contend that there is diversity jurisdiction, they must allege the domicile of each of the members of various LLCs. Failure to respond to this order to show cause will result in the action being dismissed. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/30/2023. (MD)
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| Filing 13 Summons Issued as to Astoria Owner, LLC, Landmark Abstract Agency, LLC, Old Republic National Title Insurance Company, Jacob Rekant, Valor Residential Group, LLC, Moshe Weingarten. (ML) |
| Filing 12 Proposed Summons. Re Quality Control Check - Summons, by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 11 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 10 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 9 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 8 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 7 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 6 Proposed Summons. by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Your proposed summons was not issued for one of the following reasons: If there are multiple defendants, there must me a rider attached to the summons with the listed name and addresses of ALL defendants included. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (ML) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 2 Corporate Disclosure Statement by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC (Lurie, Joshua) |
| Filing 1 COMPLAINT against Astoria Owner, LLC, Landmark Abstract Agency, LLC, Old Republic National Title Insurance Company, Jacob Rekant, Valor Residential Group, LLC, Moshe Weingarten filing fee $ 402, receipt number ANYEDC-16725662 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Astoria Acquisition, LLC, Cape Fear Multifamily, LLC. (Attachments: #1 Exhibit Purchase and Sale Agreement, #2 Exhibit First Amendment To Purchase and Sale Agreement) (Lurie, Joshua) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Case Assigned to Judge Dora Lizette Irizarry 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. (KD) |
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