Gokhvat Holdings LLC v. U.S. Bank National Association

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GOKHVATHOLDINGSILG SSS

Plaintiff, :

-against- 21 Civ. 2558 (LGS)

U.S. BANK NATIONAL ASSOCATION, et al., ORDER

Defendants, : wn ee X LORNA G. SCHOFIELD, District Judge:

WHEREAS, on June 24, 2021, Defendant filed a motion to dismiss in this case, Dkt. No. 25;

WHEREAS, the foreclosure proceeding in New York State Supreme Court over the same property (the “State-court Proceeding”) is ongoing;

WHEREAS, on October 19, 2021, in the State-court Proceeding, U.S. Bank filed a cross- motion to amend the complaint to substitute Gokhvat Holdings LLC for Gordons LLC as the defendant. It is hereby

ORDERED that, by January 7, 2022, Plaintiff and Defendant shall each file a letter not to exceed five pages single-spaced on whether abstention based on Colorado River Conservation District v. United States, 424 U.S. 800 (1976) is proper in this case. It is further

ORDERED that Defendant’s motion to dismiss is DENIED without prejudice to renewal as either a motion to dismiss or a motion for summary judgment, pending resolution of the Colorado River abstention issue.

The Clerk of Court is respectfully directed to close the motion at Dkt. No. 25. Dated: December 14, 2021

New York, New York .

UNITED STATES DISTRICT JUDGE