Newmark & Company Real Estate, Inc. d/b/a Newmark v. KS 50 Sussex Avenue LP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NEWMARK & COMPANY REAL ESTATE, INC., Plaintiff, 23-cv-3888 (AS) -against- ORDER KS 50 SUSSEX AVENUE LP et al., Defendants.

ARUN SUBRAMANIAN, United States District Judge: As the parties agree and have shown, Plaintiff and Defendants were New York citizens at the start of this action, depriving the Court of subject-matter jurisdiction. See Dkt. 55. The case is thus DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to close this case.

The Court will retain jurisdiction, however, over Plaintiff's sanctions motion. See Willy v. Coastal Corp., 503 U.S. 131 (1992); Castillo Grand, LLC v. Sheraton Operating Corp., 719 F.3d 120, 124 (2d Cir. 2013). Plaintiff may file such a motion by April 26, 2024. Defendants’ response will be due by May 10, 2024, and Plaintiff’s reply will be due by May 17, 2024.

SO ORDERED.

Dated: April 10, 2024 New York, New York ARUN SUBRAMANIAN United States District Judge