Bamonte v. Charatan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CAROL BAMONTE, as Administrator of the Estate of KATHLEEN DURST; and JAMES MCCORMACK, VIRGINIA MCKEON, and MARY HUGHES, as Co-Administrators of the Estate of ANNE C. MCCORMACK, a Distributee of the Estate of KATHLEEN DURST, No. 22-CV-795 (KMK) Plaintiffs, ORDER v. DEBRAH LEE CHARATAN, at the Nominated Executor of the Estate of ROBERT DURST, Defendant.

KENNETH M. KARAS, United States District Judge: The Court requests that the Parties each file a letter on the docket by 4:00 p.m. Friday, May 6, 2022, with a detailed explanation of the following topics: • Federal courts’ so-called probate exception, see generally Marshall v. Marshall, 547 U.S. 293 (2006); Lefkowitz v. Bank of New York, 528 F.3d 102 (2d Cir. 2007), and its application to Orders of Attachment under New York C.P.L.R. § 6201; and, • The distinction between an estate administrator’s citizenship for purposes of diversity jurisdiction, see 28 U.S.C. § 1332 (c)(2), an individual’s domiciliary in her individual capacity, and the same individual’s domiciliary in her capacity as an estate’s executor, assuming her successful nomination.

The letters may not exceed 4 pages. Letters exceeding this limit or posted after 4:00 p.m. Friday, will not be considered.

SO ORDERED.

Dated: May 3, 2022 White Plains, New York KENNETH M. KARAS United States District Judge