Federal National Mortgage Association v. C.Y. Gold LLC et al
| Federal National Mortgage Association |
| C.Y. Gold LLC, Stagg Equities LLC, 486 K Equities LLC, Mayer Kohn, New York City Environmental Control Board and John Doe #1 through John Doe #20 |
| 1:2024cv01314 |
| February 21, 2024 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Orelia E Merchant |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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| Document Text |
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| Filing 14 Letter /Cover Letter of Plaintiff's Motion for Appointment of a Receiver by Federal National Mortgage Association (Chapman, Dean) |
| Filing 13 ANSWER to #1 Complaint,,, by 486 K Equities LLC, C.Y. Gold LLC, Mayer Kohn, Stagg Equities LLC. (Rosengarten, Avi) |
ORDER granting #12 Stipulation for an Extension of Time until April 15, 2024 to Answer as to Defendants 486 K Equities LLC; C.Y. Gold LLC; Mayer Kohn and Stagg Equities LLC.SO ORDERED by Magistrate Judge Robert M. Levy on 4/8/2024. (JM)
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| Filing 12 Stipulation To Extend Time To ANSWER to #1 Complaint,,, by 486 K Equities LLC, C.Y. Gold LLC, Mayer Kohn, Stagg Equities LLC. (Rosengarten, Avi) Modified, on 4/8/2024 (JM). |
| Filing 11 NOTICE of Appearance by Michele Mirro on behalf of New York City Environmental Control Board (aty to be noticed) (Mirro, Michele) |
| Filing 10 DECLARATION re #8 Response to Order to Show Cause / Declaration of Ishan Patel in Support by Federal National Mortgage Association (Attachments: #1 Exhibit A - Asset Summary Report) (Chapman, Dean) |
| Filing 9 DECLARATION re #8 Response to Order to Show Cause / Transmittal Declaration of Dean Chapman in Support by Federal National Mortgage Association (Attachments: #1 Exhibit A - Affidavit of Service dated March 8, 2024, #2 Exhibit B - LexisNexis Accurint Comprehensive Report of Mayer Kohn dated March 1, 2024, #3 Exhibit C - Affidavit of Service dated August 27, 2019) (Chapman, Dean) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Federal National Mortgage Association (Chapman, Dean) |
| Filing 7 NOTICE of Lis Pendens by Federal National Mortgage Association (Chapman, Dean) |
| Filing 6 Letter to Judge Orelia E. Merchant dated February 28, 2024 re: Service Attempts by Federal National Mortgage Association (Attachments: #1 Affidavits of Service) (Chapman, Dean) |
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ORDER TO SHOW CAUSE: The Complaint alleges jurisdiction over this action predicated on 28 U.S.C. 1332, i.e., diversity jurisdiction. Compl. ¶ 10. However, the Complaint also names as defendants three (3) LLC's which "upon information and belief" have only a "sole member," defendant Mayer Kohn. Id. ¶ 12. Further, the Complaint states that "upon information and belief, Defendant Mayer Kohn is an individual currently residing in New York." Id. ¶ 7."To invoke diversity jurisdiction over a limited liability company, a plaintiff's complaint must identify by name and state the citizenship of every member of the LLC as each of their citizenships is imputed to the limited liability company for diversity purposes." Redmond v. House of Monty Hill, LLC, No. 23-CV-7549 (BMC), 2023 WL 7091916, at *1 (E.D.N.Y. Oct. 26, 2023); See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). That is, "a complaint must identify each of a [defendant LLC's] members and plead facts establishing their citizenship...." Prospect Funding Holdings, LLC v. Fennell, No. 15 CIV. 4176 LLS, 2015 WL 4477120, at *2 (S.D.N.Y. July 15, 2015).Equally, "[i]n order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State." Prospect Funding Holdings, 2015 WL 4477120, at *3 (S.D.N.Y. July 15, 2015) (quoting NewmanGreen, Inc. v. AlfonzoLarrain, 490 U.S. 826, 828, (1989)). A defendant's mere residence in a state is not enough. See id. ("[T]he Second Circuit is clear that a complaint cannot allege just an individual's residence"); Ocean Units LLC v. Illinois Union Ins. Co., 528 F. Supp. 3d 99, 103 (E.D.N.Y. 2021) (quoting Brown v. Keene, 33 U.S. 112, 114 (1834)) ("[T]he averment of jurisdiction shall be positive, that the declaration shall state expressly the fact on which jurisdiction depends. It is not sufficient that jurisdiction may be inferred, argumentatively, from its averments."). Given the foregoing, Plaintiff is required to show cause by March 8, 2024, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall also file an affidavit of service of this order by February 28, 2024, certifying the attempts and manner of service on the defendants. Show Cause Response due by 3/8/2024. Ordered by Judge Orelia E. Merchant on 2/26/2024. (CS)
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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. (SDM) |
| Filing 4 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 (SDM) |
| Filing 3 Summons Issued as to 486 K Equities LLC, C.Y. Gold LLC, Mayer Kohn, New York City Environmental Control Board, Stagg Equities LLC. (SDM) |
| Filing 2 Corporate Disclosure Statement by Federal National Mortgage Association (Chapman, Dean) |
| Filing 1 COMPLAINT against 486 K Equities LLC, C.Y. Gold LLC, John Doe #1 through John Doe #20, Mayer Kohn, New York City Environmental Control Board, Stagg Equities LLC filing fee $ 405, receipt number ANYEDC-17591973 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Federal National Mortgage Association. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Amended and Restated Multifamily Note, #4 Exhibit B - Multifamily Loan and Security Agreement, #5 Exhibit C Consolidation, Extension and Modification Agreement, #6 Exhibit D Guaranty of Non-Recourse Obligations, #7 Exhibit E Assignment of Mortgages as Consolidated, #8 Exhibit F Assignment of Collateral Agreements and Other Loan Documents, #9 Exhibit G Demand Letter dated January 3, 2024) (Chapman, Dean) |
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