Golden Bridge LLC v. 677-679 E 21st LLC et al
| Golden Bridge LLC d/b/a Golden Bridge Funding LLC and Golden Bridge LLC |
| 677-679 E 21st LLC, Javanny L. Pena, Scannia Abreu, New York City Parking Violation Bureau, New York City Transit Adjudication Bureau, New York State Department of Taxation and Finance, New York City Environmental Control Board, JOHN DOE #1" through "JOHN DOE #100 and John Doe #1 through John Doe #100 |
| 1:2024cv00178 |
| January 9, 2024 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Kiyo A Matsumoto |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Golden Bridge LLC. (Attachments: #1 Exhibit A - Legal Description, #2 Exhibit B - Guaranty, #3 Exhibit C - Consolidated Note, #4 Exhibit D - CEMA, #5 Exhibit E - 850k Mortgage, #6 Exhibit F - AOM for 850k mortgage, #7 Exhibit G - Building Loan Mortgage, #8 Exhibit H - AOM for Building Loan, #9 Exhibit I - Building Loan Note, #10 Exhibit J - Building Loan Mortgage 2, #11 Proposed Summons) (Vallely, Erick) |
ORDER granting #7 : By 03/06/2024 Plaintiff shall file an amended complaint addressing the deficiencies in the Court's Order. (See 01/29/2024 Order to Show Cause.) Failure to file the amended complaint or to address the issues raised in the Court's 01/29/2024 Order to Show Cause will result in a sua sponte recommendation to dismiss this action without prejudice for lack of subject matter jurisdiction. So Ordered by Magistrate Judge Marcia M. Henry on 02/21/2024. (RA)
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| Filing 7 Letter request for an extension by Golden Bridge LLC (Vallely, Erick) Modified on 2/21/2024 to change event type (RA). |
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ORDER granting #6 : Plaintiff's Motion for an Extension of Time to file a response to the Court's 01/29/2024 Order to Show Cause is granted. By 02/16/2024 Plaintiff shall file an amended complaint addressing the deficiencies in the Court's Order. (See 01/29/2024 Order to Show Cause.) So Ordered by Magistrate Judge Marcia M. Henry on 02/14/2024. (RA)
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| Filing 6 Letter Response to Court's Sua Sponte Order to Show Cause dated 1//29/24 by Golden Bridge LLC (Vallely, Erick) Modified on 2/14/2024 to change event type (RA). |
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ORDER TO SHOW CAUSE: Pursuant to Fed. R. Civ. P. 12(h)(3), the Court must dismiss an action if it determines at any time that it lacks subject-matter jurisdiction. Further, this Court has an obligation to examine its subject-matter jurisdiction sua sponte. Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). Here, the Complaint does not properly establish this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332(a)(2). The Complaint states that Plaintiff is a foreign limited liability company ("LLC") and that its members are citizens of Israel. (ECF No. 1 para. 3.) This allegation does not establish the LLC's citizenship because Plaintiff does not state whether its members are individuals or corporations, yet an LLC takes the citizenship of each of its members. See Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). A party must plead the identity and citizenship of an LLC, proceeding up the chain of ownership until the citizenship of every individual or corporation with a direct or indirect interest in the LLC party is alleged. Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016) (allegation that an LLC "is a citizen of a different state" is deficient "because it contains no allegation as to the identity or citizenship" of the members); Mariano v. 61-63 Bond St. F & B, No. 22-CV-7189 (DLI)(RML), 2023 WL 2329854, at *2 (E.D.N.Y. Mar. 2, 2023) (finding complaint devoid of allegations as to identity or citizenship of LLC defendant's members where it only alleged where LLC defendant was organized); see also Local Civ. R. 81.1(1) (requiring notice of removal based on diversity of citizenship to set forth for an LLC the residence and domicile "for all its partners and members").Accordingly, by 02/09/2024, Plaintiff shall file a letter of no more than three pages showing cause why this action should not be dismissed for lack of subject matter jurisdiction. The submission shall include relevant facts and legal authority to address the issues raised in this Order. Failure to timely respond to this Order may result in a sua sponte recommendation to dismiss this action without prejudice for lack of subject matter jurisdiction. So Ordered by Magistrate Judge Marcia M. Henry on 01/29/2024. (RA)
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| Filing 5 Summons Issued as to 677-679 E 21st LLC, Javanny L. Pena, John Doe #1 through John Doe #100, New York City Environmental Control Board, New York City Parking Violation Bureau, New York City Transit Adjudication Bureau, New York State Department of Taxation and Finance, Scannia Abreu. (JT) |
| Filing 4 Proposed Summons. by Golden Bridge LLC (Vallely, Erick) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Marcia M. Henry. 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. (AF) |
| Filing 2 Civil Cover Sheet.. by Golden Bridge LLC d/b/a Golden Bridge Funding LLC (Vallely, Erick) |
| NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (AF) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17445497, filed by Golden Bridge LLC d/b/a Golden Bridge Funding LLC. (Attachments: #1 Cert, #2 CIVIL COVER SHEET, #3 Exhibit A - Legal Description, #4 Exhibit B - Guaranty, #5 Exhibit C - Consoliodated Note, #6 Exhibit D - CEMA, #7 Exhibit E - 850,000.00 mortgage, #8 Exhibit F - Assignment for 850,000.00 mortgage, #9 Exhibit G - Building Loan Mortgage, #10 Exhibit H - Assignment for Building Loan Mortgage, #11 Exhibit I - Building Loan Note, #12 Exhibit J - Building Loan Mortgage 2, #13 Proposed Summons summons in civil action with rider - 677-679 E 21st LLC, #14 Proposed Summons summons in civil action - Javanny L. Pena, #15 Proposed Summons summons in civil action -Scannia Abreu, #16 Proposed Summons summons in civil action -New York City Parking Violation Bureau, #17 Proposed Summons summons in civil action -New York City Transit Adjudication Bureau, #18 Proposed Summons summons in civil action -New York State Department of Taxation and Finance, #19 Proposed Summons summons in civil action -New York City Environmental Control Board, #20 Proposed Summons summons in civil action -JOHN DOE 1 through JOHN DOE 100) (Vallely, Erick) |
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