Windward Bora, LLC v. Ingber et al
Plaintiff: Windward Bora, LLC
Defendant: Howard Ingber, Hope Ingber, Jane Doe, John Doe, Hope W. Ingber, Midland Funding LLC doing business as Midland Funding of Delaware LLC and Howard R. Ingber
Case Number: 2:2021cv03308
Filed: June 11, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Arlene R Lindsay
Referring Judge: Kiyo A Matsumoto
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2021 Filing 14 SUMMONS Returned Executed by Windward Bora, LLC. Hope Ingber served on 7/20/2021, answer due 8/10/2021. (Light, Danielle)
August 4, 2021 Filing 13 SUMMONS Returned Executed by Windward Bora, LLC. Howard Ingber served on 7/20/2021, answer due 8/10/2021. (Light, Danielle)
August 4, 2021 Filing 12 SUMMONS Returned Executed by Windward Bora, LLC. Midland Funding LLC served on 7/8/2021, answer due 7/29/2021. (Light, Danielle)
June 18, 2021 Filing 11 MEMORANDUM in Support in Support of Order To Show Cause Regarding Complete Diversity filed by Windward Bora, LLC. (Attachments: #1 Declaration in Support, #2 EX A Judgement, #3 EX B Complaint, #4 EX C Civil Disclosure Statement, #5 Ex D 8K, #6 Client Affirmation) (Light, Danielle)
June 15, 2021 Filing 10 Summons Issued as to Hope Ingber, Howard Ingber, Jane Doe, John Doe, Midland Funding LLC. (Tavarez, Jennifer)
June 14, 2021 Filing 9 Proposed Summons. by Windward Bora, LLC (Attachments: #1 Summons Rider) (Light, Danielle)
June 14, 2021 Filing 8 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. (Rodin, Deanna)
June 14, 2021 Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Additional attachment(s) added on 6/14/2021: #1 Additional Corrections) (Rodin, Deanna).
June 14, 2021 Opinion or Order ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by June 18, 2021, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff asserts that jurisdiction is based upon diversity of citizenship pursuant to 28 U.S.C. 1332. Because defendant Midland Funding of Delaware LLC ("Midland") is an LLC, its state of organization is not relevant to the determination of its citizenship. The conclusory allegation that Midland "is a limited liability company organized under the laws of the State of California" is not only inapplicable with regards to determining the citizenship of an LLC, but is insufficient because: (1) the complaint must set forth the identity and citizenship of each member individually, see U.S. Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020); and (2) "residence" does not determine citizenship, see 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-CV-950, 2021 WL 878557, at *2 (E.D.N.Y. Mar. 9, 2021). Ordered by Judge Kiyo A. Matsumoto on 6/14/2021. (Rodriguez Armenta, Elena)
June 14, 2021 Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
June 14, 2021 Your proposed summons was not issued for one of the following reasons: The caption on the summons does not match the name as it appears on the complaint. The full caption is cut off; use "et al" and include full caption in the rider. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
June 11, 2021 Filing 6 NOTICE by Windward Bora, LLC 1303 Notice (Light, Danielle)
June 11, 2021 Filing 5 NOTICE by Windward Bora, LLC 1320 Notice (Light, Danielle)
June 11, 2021 Filing 4 AFFIDAVIT of Service for Covid Hardship Declaration Letter served on Hope Ingber, Howard Ingber on May 13, 2021, filed by Windward Bora, LLC. (Light, Danielle)
June 11, 2021 Filing 3 Proposed Summons. by Windward Bora, LLC (Attachments: #1 Summons Rider) (Light, Danielle)
June 11, 2021 Filing 2 Civil Cover Sheet.. by Windward Bora, LLC (Light, Danielle)
June 11, 2021 Filing 1 COMPLAINT against All Defendants filing fee $402, receipt number ANYEDC-14560033, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Windward Bora, LLC. (Attachments: #1 EX A Legal Description, #2 EX B NOTE and AOM, #3 EX C MORTGAGE, #4 EX D HAMP, #5 EX E 30 DAY Letter, #6 EX F 90 day) (Light, Danielle) Modified on 6/14/2021 (Rodin, Deanna).

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Defendant: Howard Ingber
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Defendant: Hope Ingber
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Defendant: Jane Doe
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Defendant: John Doe
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Defendant: Hope W. Ingber
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Defendant: Midland Funding LLC doing business as Midland Funding of Delaware LLC
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Defendant: Howard R. Ingber
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Plaintiff: Windward Bora, LLC
Represented By: Danielle Paula Light
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