Broadwall Management Corp. et al v. Affiliated FM Insurance Company
| Broadwall Management Corp., CP Associates LLC, Nassau Mall Plaza Associates LLC, 3601 Turnpike Associates LLC, 250 Park LLC, 488 Madison Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Fee Owner LLC, 370 Seventh Avenue Associates LLC, Seven Penn Associates LLC, French Partners LLC, SPA_NY LLC, New York French Soundview LLC, 551 Fifth Avenue Co-Investors LLC, New York French Building Co-Investors LLC, CIC_NY LLC, 10 South LaSalle Owner LLC, Madison Lasalle Partners LLC, Fulton Retail LLC, Fulton Green Owner LLC, 645 North Michigan LLC, 645 No. Michigan LLC/Nakash TIC, Nakash 645 North Michigan LLC, 730 Franklin Building Owner LLC, North Sheffield Associates LLC, 1151 Third Avenue Associates LLC, RP Feil 57 LLC, RCGLV FT 200 W 57 LLC, RCGLV 200 W 57 LLC, P200 Payroll LLC and P200 Payroll |
| Affiliated FM Insurance Company |
| 1:2021cv10247 |
| December 2, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 19
LETTER MOTION to Stay re: #9 Order,, Set Deadlines, addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated January 26, 2022. Document filed by 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC. (Attachments: #1 Declaration of David J. Matulewicz-Crowley, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3).(Matulewicz, David)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Granted. Plaintiffs' new deadline to file an amended complaint properly alleging citizenship for purposes of diversity jurisdiction is February 9, 2022. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 17. SO ORDERED. Amended Pleadings due by 2/9/2022. (Signed by Judge Paul A. Engelmayer on 1/3/2022) (va)
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Filing 17
LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated December 30, 3021. Document filed by 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(Matulewicz, David)
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Filing 16
ORDER denying as moot #11 Letter Motion to Stay re: #11 LETTER MOTION to Stay re: #9 Order, Set Deadlines, addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated December 8, 2021 ; granting #15 Letter Motion for Extension of Time. Granted. Plaintiffs' new deadline to file an amended complaint properly alleging the citizenship of each plaintiff for the purpose of diversity jurisdiction is January 10, 2022. Defendant's deadline to answer or otherwise respond to the amended complaint is January 31, 2022. Further, if plaintiffs discover any facts they believe to defeat diversity jurisdiction, they are directed to promptly share this information with defendant to discuss a consent remand motion. See Dkt. 13 at n.1. Plaintiffs' letter motion at docket 11 is denied as moot. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 11 and 15. SO ORDERED. ( Amended Pleadings due by 1/10/2022. Motions due by 1/31/2022.) (Signed by Judge Paul A. Engelmayer on 12/13/2021) (va)
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Filing 15
LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated December 10, 2021. Document filed by 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(Matulewicz, David)
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Filing 14
NOTICE OF APPEARANCE by Dennis T. D'Antonio on behalf of 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(D'Antonio, Dennis)
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Filing 13
LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Brian L. Bank dated December 8, 2021 re: #11 LETTER MOTION to Stay re: #9 Order,, Set Deadlines, addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated December 8, 2021. . Document filed by Affiliated FM Insurance Company..(Bank, Brian)
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Filing 12
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Brian L. Bank dated December 8, 2021. Granted. Defendant's deadline to answer, move against, or otherwise respond to the complaint is now December 27, 2021. SO ORDERED. Affiliated FM Insurance Company answer due 12/27/2021. (Signed by Judge Paul A. Engelmayer on 12/8/2021) (va)
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Filing 11
LETTER MOTION to Stay re: #9 Order,, Set Deadlines, addressed to Judge Paul A. Engelmayer from David J. Matulewicz-Crowley dated December 8, 2021. Document filed by 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(Matulewicz, David)
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Filing 10
LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Brian L. Bank dated December 8, 2021. Document filed by Affiliated FM Insurance Company..(Bank, Brian)
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Filing 9
ORDER: Accordingly, in the interests of justice, the Court grants plaintiff leave to amend the complaint under Federal Rule of Civil Procedure 15(a)(2) to allege the citizenships of all members of the LLCs in this case by December 13, 2021. SO ORDERED. ( Amended Pleadings due by 12/13/2021.) (Signed by Judge Paul A. Engelmayer on 12/6/2021) (va)
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Filing 8
NOTICE OF APPEARANCE by David James Matulewicz on behalf of 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(Matulewicz, David)
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Filing 7
NOTICE OF APPEARANCE by Joshua Lee Mallin on behalf of 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC..(Mallin, Joshua)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Laurence Bank. The party information for the following party/parties has been modified: P200 Payroll. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
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Case Designated ECF. (sj)
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Filing 6
CERTIFICATE OF SERVICE of Notice of Removal with Exhibit A, the Civil Cover Sheet, the Rule 7.1 Disclosure Statement, the Notice of Appearance of Michael A. Troisi, the Notice of Appearance of Gregory D. Miller, and Defendant Affiliated FM Insurance Companys Demand for Verified Statement Pursuant to Local Civil Rule 26.1(B) served on Plaintiffs on December 2, 2021. Service was made by Federal Express. Document filed by Affiliated FM Insurance Company..(Bank, Brian)
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Filing 5
NOTICE OF APPEARANCE by Gregory David Miller on behalf of Affiliated FM Insurance Company..(Miller, Gregory)
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Filing 4
NOTICE OF APPEARANCE by Michael Anthony Troisi on behalf of Affiliated FM Insurance Company..(Troisi, Michael)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Factory Mutual Insurance Company for Affiliated FM Insurance Company. Document filed by Affiliated FM Insurance Company..(Bank, Brian)
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Filing 2
CIVIL COVER SHEET filed..(Bank, Brian)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656108/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25411349).Document filed by Affiliated FM Insurance Company. (Attachments: #1 Exhibit State Court Documents).(Bank, Brian)
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