Margar Associates Limited Partnership v. Levitt et al
| New York Eastern District Court | |
| Judge: | Nicholas G Garaufis |
| Referred: | Peggy Kuo |
| Case #: | 1:25-cv-03267 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1331 Fed. Question: Breach of Contract |
| Case Filed: | Jun 11, 2025 |
| Last checked: Wednesday Jun 11, 2025 3:08 PM EDT |
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Defendant
Brownsville Associates, L.P.
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Represented By
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Defendant
Interstate Realty Management Company
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Represented By
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Defendant
Michael J. Levitt
543 Broadway
Massapequa, NY 11758 |
Represented By
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Defendant
Michaels Management-Affordable, LLC
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Represented By
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Plaintiff
Margar Associates Limited Partnership, as a limited partner, and in the right of, and derivatively on behalf of Brownsville Associates, L.P.
Koss & Schonfeld, LLP 160 Broadway 8th Floor
New York, NY 10038 |
| Docket last updated: 3 hours ago |
| Friday, June 20, 2025 | ||
| 9 | 9
1
pgs
motion
Leave to File Document
Fri 06/20 4:19 PM
MOTION for Leave to File Document in response to Docket No. 6 by Margar Associates Limited Partnership. (Schonfeld, Simcha) |
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| 8 | 8
1
pgs
motion
Extension of Time to File Answer
Fri 06/20 12:50 PM
Letter MOTION for Extension of Time to File Answer or motion to dismiss by Brownsville Associates, L.P., Interstate Realty Management Company, Michael J. Levitt, Michaels Management-Affordable, LLC. (Levine, Ira) |
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misc
Letter
Fri 06/20 12:48 PM
Letter for pre-motion conference by Brownsville Associates, L.P., Interstate Realty Management Company, Michael J. Levitt, Michaels Management-Affordable, LLC (Levine, Ira) |
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order
Order on Motion for Leave to File
Fri 06/20 4:55 PM
ORDER granting9 Plaintiff's Motion for Leave to respond to Defendants'6 Response to the Court's June 13, 2025 Order to Show Cause. The deadline for any response by Plaintiff is June 23, 2025 . Ordered by Magistrate Judge Peggy Kuo on 6/20/2025. (AJD) |
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| Thursday, June 19, 2025 | ||
| 6 | 6
19
pgs
respoth
Memorandum in Opposition
Thu 06/19 5:18 PM
MEMORANDUM in Opposition re Order to Show Cause,,,,,, filed by All Defendants. (Levine, Ira) |
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Att: 1
Exhibit correspondence between Plaintiff's counsel and Defendants' counsel,
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Att: 2
Exhibit 2005 Letter
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| Friday, June 13, 2025 | ||
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order
Order to Show Cause
Fri 06/13 6:49 PM
ORDER TO SHOW CAUSE: Pursuant to Fed. R. Civ. P. 12(h)(3), the Court must dismiss an action if it determines at any time that it lacks subject-matter jurisdiction. Moreover, this Court has an obligation to examine its subject-matter jurisdiction sua sponte . Joseph v. Leavitt , 465 F.3d 87, 89 (2d Cir. 2006). In removing this case from the Supreme Court of the State of New York, Kings County, Defendants contend that this Court has jurisdiction over the action pursuant to 28 U.S.C. § 1331 because the Complaint alleges that Defendants "violated federal laws, federal regulations and 'regulatory agreements.'" ( See Not. of Removal 1 at 4.) In the Complaint (Dkt. 1-3 at ECF pp. 5-17), however, Plaintiff brings claims for breach of a partnership agreement, breach of fiduciary duty, unjust enrichment, and aiding and abetting. None of these claims invokes a federal statute, and the "questions raised by the Complaint" (Not. of Removal at 5) do not appear to satisfy the Grable-Gunn test. See, e.g., AMTAX Holdings 227, LLC v. CohnReznick LLP , 136 F.4th 32 (2d Cir. 2025). Defendants also contend that this Court has jurisdiction pursuant to 28 U.S.C. § 1332, but they have not adequately established the citizenship of each member or partner of Plaintiff, a limited partnership, pursuant to Local Civil Rule 81.1. Defendants are ordered to show cause by June 23, 2025 , why the Court should not remand the case for lack of subject-matter jurisdiction. Ordered by Magistrate Judge Peggy Kuo on 6/13/2025. (AJD) |
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| Thursday, June 12, 2025 | ||
| 5 | 5
notice
Notice of Appearance
Thu 06/12 1:04 PM
NOTICE of Appearance by Jason Henry Kramer on behalf of Margar Associates Limited Partnership (aty to be noticed) (Kramer, Jason) |
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| 4 | 4
2
pgs
misc
Quality Control Check - Attorney Case Opening
Thu 06/12 10:09 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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utility
Case Assigned/Reassigned
Thu 06/12 10:06 AM
Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
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misc
ECF Admission and Registration Notification - Removal
Thu 06/12 10:09 AM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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order
Order to Show Cause
Thu 06/12 11:10 AM
VACATED ORDER TO SHOW CAUSE. Defendants are ordered to show cause by 6/19/2025 why the Court should not remand the case for lack of subject-matter jurisdiction. Neither the notice of removal nor the complaint adequately establishes the LLC of plaintiff's citizenship. A lack of knowledge of a party's citizenship is not a substitute for proper facts demonstrating that citizenship. See Kenshoo, Inc. v. Aragon Advert., LLC , 586 F. Supp. 3d 177, 185 (E.D.N.Y. 2022). And the federal issues raised by plaintiff's state law claims do not appear to satisfy the Grable-Gunn test. See AMTAX Holdings 227, LLC v. CohnReznick LLP , 136 F.4th 32, 38 (2d Cir. 2025). Ordered by Judge Brian M. Cogan on 6/12/2025. (PW) Modified on 6/12/2025 (PW) |
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order
Order(Other)
Thu 06/12 11:28 AM
ORDER VACATING Order to Show Cause entered today 6/12/2025. Ordered by Judge Brian M. Cogan on 6/12/2025. (PW) |
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order
Order Reassigning Case
Thu 06/12 3:46 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Peggy Kuo for all further proceedings. Judge Brian M. Cogan no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 6/12/2025. (CV) |
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| VACATED ORDER TO SHOW CAUSE. Defendants are ordered to show cause by 6/19/2025 why the Court should not remand the case for lack of subject-matter jurisdiction. Neither the notice of removal nor the complaint adequately establishes the LLC of plaintiff's citizenship. A lack of knowledge of a party's citizenship is not a substitute for proper facts demonstrating that citizenship. See Kenshoo, Inc. v. Aragon Advert., LLC , 586 F. Supp. 3d 177, 185 (E.D.N.Y. 2022). And the federal issues raised by plaintiff's state law claims do not appear to satisfy the Grable-Gunn test. See AMTAX Holdings 227, LLC v. CohnReznick LLP , 136 F.4th 32, 38 (2d Cir. 2025). Ordered by Judge Brian M. Cogan on 6/12/2025. (PW) Modified on 6/12/2025 (PW). | ||
| Wednesday, June 11, 2025 | ||
| 3 | 3
notice
Notice of Appearance
Wed 06/11 3:00 PM
NOTICE of Appearance by Ira Levine on behalf of Brownsville Associates, L.P., Interstate Realty Management Company, Michael J. Levitt, Michaels Management-Affordable, LLC (aty to be noticed) (Levine, Ira) |
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trial
Exhibit
Wed 06/11 2:51 PM
EXHIBIT 4 to removal Petition - May 9, 2005 by Brownsville Associates, L.P., Interstate Realty Management Company, Michael J. Levitt, Michaels Management-Affordable, LLC. Related document:1 Notice of Removal, filed by Interstate Realty Management Company, Michaels Management-Affordable, LLC, Brownsville Associates, L.P., Michael J. Levitt. (Russ, Jay) |
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notice
Notice of Removal
Wed 06/11 2:39 PM
NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, Kings County, case number 516608/2025. ( Filing fee $ 405 receipt number ANYEDC-19131218) (Russ, Jay) |
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Att: 1
Exhibit 1 - correspondence exchange,
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Att: 2
Civil Cover Sheet 2 - cover sheet,
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Att: 3
Exhibit 3 index of documents in state court action
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