Unique Funding Solutions LLC v. Stellar Beach Rentals, LLC et al
| Unique Funding Solutions LLC |
| Stellar Beach Rentals, LLC, Jak Beach Rentals LLC, Fun in the Sun Rentals, LLC, Sand Happens, LLC, 407 Sunset, LLC, 157 OIB, LLC, 138 Tuna, LLC, 119 Ocean, LLC, 117 Ocean, LLC, 115 Deal Dr, LLC, 1 Sandpiper, LLC, J.A.K. Professionals, Inc, 1940 Holden LLC, Stellar Beach Realty & Rentals, LLC, 97 W Second LLC, 98 W Second LLC, 108 Deal LLC, 112 Deal LLC, 102 Ocean LLC, 113 Deal Dr LLC, 114 Deal Dr LLC, 136 Ocean LLC, 217 Brunswick LLC and John Adam Kozak |
| 2:2023cv09254 |
| December 18, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| None |
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| Document Text |
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Filing 6
ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 1/4/2024. (JC)
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| Filing 5 STIPULATION of Dismissal Without Prejudice by Unique Funding Solutions LLC (Beinhorn, Abraham) |
| Filing 4 NOTICE of Appearance by Abraham S. Beinhorn on behalf of Unique Funding Solutions LLC (aty to be noticed) (Beinhorn, Abraham) |
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ORDER. In light of the Defendants' recently filed letter (ECF No. #3 ), the parties shall file a stipulation of dismissal on or before January 26, 2024. So Ordered by Magistrate Judge James M. Wicks on 12/31/2023. (HM)
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| Filing 3 Letter by 1 Sandpiper, LLC, 102 Ocean LLC, 108 Deal LLC, 112 Deal LLC, 113 Deal Dr LLC, 114 Deal Dr LLC, 115 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 136 Ocean LLC, 138 Tuna, LLC, 157 OIB, LLC, 1940 Holden LLC, 217 Brunswick LLC, 407 Sunset, LLC, 97 W Second LLC, 98 W Second LLC, Fun in the Sun Rentals, LLC, J.A.K. Professionals, Inc, Jak Beach Rentals LLC, John Adam Kozak, Sand Happens, LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC (Neuman, Jonathan) |
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ORDER. Having reviewed the Notice of Removal and the Complaint (ECF No. #1 ), since the Court has the duty to examine whether federal subject matter jurisdiction exists and must dismiss a case if the jurisdictional predicate is lacking. See Sprout Mortg., LLC v. Consol. Analytics, No. 21-cv-04415 (JMA) (JMW), 2021 U.S. Dist. LEXIS 156152 (E.D.N.Y. Aug. 17, 2021), the court notes that there is insufficient information on which to make this determination. The Removal Petition alleges subject matter jurisdiction predicated on diversity of citizenship pursuant to 28 U.S.C. 1332. (ECF No. #1 at 3.) Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants. Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117- 18 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)). The citizenship of a limited liability company (LLC) is determined by the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Vill. Assocs. Ltd Pship, 213 F.3d 48, 5152 (2d Cir. 2000); White v. Abney, No. 17-CV-4286 (MKB), 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019). A removal petition premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., 2010 WL 1257325, at *1 (S.D.N.Y. Mar. 26, 2010). For diversity purposes, LLCs have the imputed citizenship of each of their members. Barnes v. Fort Hamilton Fam. Homes, Nos. 21-cv-1044, 22-cv-01702 (DRH) (JMW), 2021 WL 861801, at *1 (E.D.N.Y. March 8, 2021). Here, the Removal Petition states that Plaintiff is a citizen of New York, while Defendants are citizens of North Carolina. See ECF No. #1 at 3. Since the Removal Petition fails to allege the citizenship of either parties' members, Defendants are directed to file a letter on or before December 29, 2023 identifying the citizenship of each of the members of the LLC for both Plaintiff and Defendants. So Ordered by Magistrate Judge James M. Wicks on 12/21/2023. (HM)
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| Filing 2 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 (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (CL) |
| Filing 1 NOTICE OF REMOVAL by 1 Sandpiper, LLC, 102 Ocean LLC, 108 Deal LLC, 112 Deal LLC, 113 Deal Dr LLC, 114 Deal Dr LLC, 115 Deal Dr, LLC, 117 Ocean, LLC, 119 Ocean, LLC, 136 Ocean LLC, 138 Tuna, LLC, 157 OIB, LLC, 1940 Holden LLC, 217 Brunswick LLC, 407 Sunset, LLC, 97 W Second LLC, 98 W Second LLC, Fun in the Sun Rentals, LLC, J.A.K. Professionals, Inc, Jak Beach Rentals LLC, John Adam Kozak, Sand Happens, LLC, Stellar Beach Realty & Rentals, LLC, Stellar Beach Rentals, LLC from Supreme Court, Nassau County, case number 618536/2023. ( Filing fee $ 405 receipt number ANYEDC-17389960) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Exhibit A - State Court Papers, #2 Civil Cover Sheet Civil Cover Sheet) (Neuman, Jonathan) Modified on 12/19/2023 (CL). |
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