Absolute Resolutions Investments, LLC v. Citibank, N.A.
| Absolute Resolutions Investments, LLC |
| Citibank, N.A. |
| 1:2022cv02079 |
| March 14, 2022 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to Answer re #29 CONSENT LETTER MOTION for Extension of Time to File Answer re: #27 Amended Complaint addressed to Judge Victor Marrero from Phoebe S. Winder dated February 7, 2023. The Court is in receipt of Citibank, N.A.'s request for a two-week extension of time (see Dkt. No. 29) to respond to Absolute Resolution Investments, LLC's First Amended Complaint. The request is GRANTED, Citibank, N.A.'s time to respond to the First Amended Complaint is hereby extended to March 2, 2023. Accordingly, the Court Clerk is respectfully directed to terminate the motion at Dkt. No. 29. Additionally, the Court notes Citibank, N.A.'s request for guidance regarding application of Rule II.B of the Court's Individual Practices. The exchange of pre-motion letters is still required prior to moving to dismiss an amended complaint. SO ORDERED. Citibank, N.A. answer due 3/2/2023. (Signed by Judge Victor Marrero on 2/9/2023) (jca)
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Filing 29
CONSENT LETTER MOTION for Extension of Time to File Answer re: #27 Amended Complaint addressed to Judge Victor Marrero from Phoebe S. Winder dated February 7, 2023. Document filed by Citibank, N.A...(Winder, Phoebe)
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Filing 28
DEMAND for Trial by Jury. Document filed by Absolute Resolutions Investments, LLC.(Aronoff, Yonaton)
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Filing 27
FIRST AMENDED COMPLAINT against Citibank, N.A..Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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Filing 26
MEMO ENDORSEMENT on re: #25 Letter filed by Absolute Resolutions Investments, LLC. ENDORSEMENT Request GRANTED. Plaintiff Absolute Resolutions Investments, LLC's Amended Complaint, should it choose to file one, is now due by February 2, 2023. SO ORDERED. (Amended Pleadings due by 2/2/2023.) (Signed by Judge Victor Marrero on 1/13/2023) (jca)
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Filing 25
LETTER addressed to Judge Victor Marrero from Yonaton Aronoff dated January 12, 2023 re: Extension. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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Filing 24
DECISION AND ORDER granting #13 Motion to Dismiss. For the reasons stated above, it is hereby ORDERED that the motion filed by defendant Citibank, N.A. (Dkt. No. 13) to dismiss the Complaint of plaintiff Absolute Resolutions Investments, LLC ("Absolute") (Dkt. No. 1-1) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is GRANTED in its entirety, and Absolute's claims are dismissed without prejudice to Absolute's filing an amended complaint within 21 days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 12/29/2022) (jca)
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #9 MOTION for Phoebe S. Winder to Appear Pro Hac Vice. The motion of Phoebe S. Winder for admission to practice pro hac vice in the above captioned action is granted. (Signed by Judge Victor Marrero on 9/27/2022) (jca)
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Filing 22
ORDER In light of recent Second Circuit opinions, the parties are directed to advise the Court whether they consent for the Court to deem the briefing as set forth in the June 24 Order as a fully briefed motion and rule on the basis of the limited briefs, or whether the parties request supplemental or full briefing on Citibank's motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within one week of the date of this order. SO ORDERED. (Signed by Judge Victor Marrero on 8/9/2022) (jca)
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Filing 21
DECLARATION of Priya Chadha in Support re: #13 MOTION to Dismiss .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1 - Addenda to Master Purchase and Sale Agreement, July 25, 2019, #2 Exhibit 2 -Addenda to Master Purchase and Sale Agreement, March 9, 2020).(Chadha, Priya)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Citibank, N.A...(Chadha, Priya)
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Filing 19
DECLARATION of Yonaton Aronoff in Opposition re: #13 MOTION to Dismiss .. Document filed by Absolute Resolutions Investments, LLC. (Attachments: #1 Exhibit A - Seller Surveys).(Aronoff, Yonaton)
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Filing 18
MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss . . Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply re #16 LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss . Letter addressed to Judge Victor Marrero from Yonaton Aronoff dated July 6, 2022. Plaintiff's request for a one week extension of time to respond to defendant's motion to dismiss, and defendant's request for a two-week extension of time for its reply is hereby GRANTED. Plaintiff's response shall be due by July 15, 2022 and defendant's reply shall be due by July 29, 2022. SO ORDERED. Responses due by 7/15/2022 Replies due by 7/29/2022.. (Signed by Judge Victor Marrero on 7/7/2022) (kv)
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Filing 16
LETTER MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss . Letter addressed to Judge Victor Marrero from Yonaton Aronoff dated July 6, 2022. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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Filing 15
DECLARATION of Priya Chadha in Support re: #13 MOTION to Dismiss .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1 - Master Purchase and Sale Agreement, dated July 25, 2019, #2 Exhibit 2 - Master Purchase and Sale Agreement, dated March 9, 2020, #3 Exhibit 3 - Release).(Chadha, Priya)
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Filing 14
MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Citibank, N.A...(Chadha, Priya)
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Filing 13
MOTION to Dismiss . Document filed by Citibank, N.A...(Chadha, Priya)
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Filing 12
ORDER terminating #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference addressed to Judge Victor Marrero from Priya Chadha dated April 8, 2022. Upon review of all premotion letters, the Court is not persuaded that a premotion conference or further briefing is necessary to resolve the parties' dispute. In accordance with this Court's Individual Practices and Rule 7.1 of the Court's Local Rules, Citibank may file a motion to dismiss which shall not exceed three pages in length (single spaced, twelve-point font), unless, upon a party's request, the Court authorizes a larger number. The substance of such motion may not deviate materially from the basis for dismissal that Citibank stated in its initial premotion letter. In response, within seven (7) days of the filing of Citibanks motion, Absolute Resolutions may file its opposition, which may similarly not exceed three pages (single spaced, twelve-point font), opposing the motion. Citibank may file a three-page reply within seven (7) days of the filing of Absolute Resolutions' response. SO ORDERED. (Signed by Judge Victor Marrero on 6/24/2022) (jca)
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion to Appear Pro Hac Vice. The motion of Jeffrey S. Patterson for admission to practice pro hac vice in the above captioned action is granted. (Signed by Judge Victor Marrero on 5/2/2022) (jca)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Phoebe S. Winder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25999591. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Jeffrey S. Patterson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25999636. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 10
MOTION for Jeffrey S. Patterson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25999636. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Declaration of Jeffrey S. Patterson in Support of Motion, #2 Exhibit A- Certificates of Good Standing, #3 Text of Proposed Order).(Patterson, Jeffrey)
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Filing 9
MOTION for Phoebe S. Winder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-25999591. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Declaration of Phoebe S. Winder in Support of Motion, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Winder, Phoebe)
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Filing 8
LETTER MOTION for Conference addressed to Judge Victor Marrero from Priya Chadha dated April 8, 2022. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A - March 21, 2022 Letter, #2 Exhibit B - April 4, 2022 Letter).(Chadha, Priya)
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to File Response/Reply. Plaintiff's request is hereby GRANTED. Plaintiff is directed to respond to defendant's pre-motion letter by April 4, 2022. So Ordered. Responses due by 4/4/2022. (Signed by Judge Victor Marrero on 3/25/2022) (js)
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Filing 6
FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendant's Pre-Motion Letter dated March 21, 2022 addressed to Judge Victor Marrero from Yonaton Aronoff dated March 23, 2022. Document filed by Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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Filing 5
NOTICE OF APPEARANCE by Alisha Louise McCarthy on behalf of Absolute Resolutions Investments, LLC..(McCarthy, Alisha)
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Filing 4
NOTICE OF APPEARANCE by Yonaton Aronoff on behalf of Absolute Resolutions Investments, LLC..(Aronoff, Yonaton)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Priya Chadha. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(vf)
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Magistrate Judge Gabriel W. Gorenstein 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. (vf)
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Case Designated ECF. (vf)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CitiGroup Inc., Corporate Parent Citicorp for Citibank, N.A.. Document filed by Citibank, N.A...(Chadha, Priya)
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Filing 2
CIVIL COVER SHEET filed..(Chadha, Priya)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 650334/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25856512).Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1 - Complaint, Summons, and accompanying documents, #2 Exhibit 2 - Plaintiff's Articles of Incorporation, #3 Exhibit 3 - Defendant's Articles of Association, #4 Exhibit 4 - Defendant's By-Laws).(Chadha, Priya)
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