Chicago Title Insurance Company v. Fordham Place Office LLC et al
| Chicago Title Insurance Company |
| Friedland Realty Holdings, Inc., Fordham Place Office LLC, RPAI Fordham Place Office, L.L.C., Friedland Realty, Inc. and Cushman & Wakefield Inc. |
| 1:2022cv07890 |
| September 15, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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Filing 16
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff Chicago Title Insurance Company, through its counsel, hereby gives notice that the above-captioned action is voluntary dismissed, without prejudice, against all of the defendants, i.e., Fordham Place Office LLC, RPAI Fordham Place Office, L.L.C., Friedland Realty Holdings, Inc. f/k/a Friedland Realty, Inc., and Cushman & Wakefield, Inc. Application granted. Plaintiff has voluntarily dismissed this case without prejudice under F.R.C.P. 41(a)(1)(A)(i). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/19/2022) (va)
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| Filing 15 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Chicago Title Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Berwanger, Lara) |
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Filing 14
ORDER denying #13 Letter Motion for Extension of Time to File Response/Reply re #13 LETTER MOTION for Extension of Time to File Response/Reply as to #12 Order to Show Cause addressed to Judge Gregory H. Woods from Lara A. Chassin dated 10/18/2022. Application denied. As stated in the Court's order to show cause, Dkt. No. 12, it is Plaintiff's burden to "allege in [its] pleading the facts essential to show jurisdiction." McNutt v. Gen. Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189 (1936); see also Hertz Corp. v. Friend, 559 U.S. 77, 96 (2010). It is not defendants' burden to establish their own citizenship in their answers. If, as suggested by this response, Plaintiff does not have a good faith factual basis to support an allegation that diversity exists in this case, and cannot, consistent with counsel's obligations under F.R.C.P. 11, present an allegation to that effect by the deadline established in the order to show cause, the Court expects to dismiss the case for lack of subject-matter jurisdiction. In the interim, Plaintiff may alternatively elect to dismiss the action pursuant to F.R.C.P. 41(a)(1)(A)(i). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 13. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/18/2022) (tg)
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| Filing 13 LETTER MOTION for Extension of Time to File Response/Reply as to #12 Order to Show Cause addressed to Judge Gregory H. Woods from Lara A. Chassin dated 10/18/2022. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) |
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Filing 12
ORDER TO SHOW CAUSE: Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE by October 20, 2022 as to why this action should not be dismissed for lack of subject matter jurisdiction. (Signed by Judge Gregory H. Woods on 10/13/2022) (rro)
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| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Friedland Realty Holdings, Inc. served on 9/27/2022, answer due 10/18/2022. Service was accepted by Gwen Eisenberg/Secretary. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Fordham Place Office LLC served on 9/23/2022, answer due 10/14/2022. Service was accepted by Osmara Martinez/Intake Specialist. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Cushman & Wakefield Inc. served on 9/23/2022, answer due 10/14/2022. Service was accepted by Osmara Martinez/Intake Specialist. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) |
| Filing 8 NOTICE OF APPEARANCE by Sabato Pellegrino Fiano on behalf of Cushman & Wakefield Inc...(Fiano, Sabato) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: DATE AND TIME OF CONFERENCE: November 18, 2022 at 2:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. Initial Conference set for 11/18/2022 at 02:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/18/2022) (va) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Cushman & Wakefield Inc., Fordham Place Office LLC, Friedland Realty Holdings, Inc., RPAI Fordham Place Office, L.L.C.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Magistrate Judge Sarah L. Cave 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lara Ashly Berwanger. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); County code New York. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fidelity National Title Group, Inc., Corporate Parent FNTG Holdings, LLC, Corporate Parent Fidelity National Financial, Inc. for Chicago Title Insurance Company. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to FORDHAM PLACE OFFICE LLC, RPAI FORDHAM PLACE OFFICE, L.L.C., FRIEDLAND REALTY HOLDINGS, INC. f/k/a FRIEDLAND REALTY, INC., CUSHMAN & WAKEFIELD, INC., re: #1 Complaint,. Document filed by Chicago Title Insurance Company. (Attachments: #1 Appendix Rider to Summons).(Berwanger, Lara) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fidelity National Title Group, Inc., Corporate Parent FNTG Holdings, LLC, Corporate Parent Fidelity National Financial, Inc. for Chicago Title Insurance Company. Document filed by Chicago Title Insurance Company..(Berwanger, Lara) Modified on 9/15/2022 (lb). |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit Rider to Civil Cover Sheet).(Berwanger, Lara) |
| Filing 1 COMPLAINT against Cushman & Wakefield Inc., Fordham Place Office LLC, Friedland Realty Holdings, Inc., RPAI Fordham Place Office, L.L.C.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26683998)Document filed by Chicago Title Insurance Company. (Attachments: #1 Exhibit Exhibit A - NYC School Construction Lease Holdback Agreement, #2 Exhibit Exhibit B - FEGS Holdback Agreement).(Berwanger, Lara) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Lara Ashly Berwanger to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): The PDF was not Signed;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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