Shanc P. Simon ac aoa tee cnet eee fa wisi Phone: □ □ 5) 972-7160 S A U W | N G [email protected] treater yee remaerreer reprimand earner tee □□□□ □□□□□□□□ LEP

April 28, 2025 Hon. Denise L. Cote United States District Judge United States Court House for the Southern District of New York 500 Pearl St # 1040 New York, NY 10007 RE: Case 1:24-cv-04336-DLC Interstate Management Company, LLC v. 510 W42 Hotel Operating, LLC Dear Judge Cote: This firm represents Plaintiff Interstate Management Company, LLC (“Interstate”) in the above-referenced matter, Please accept this correspondence as an update concerning Interstate’s jurisdictional discovery to establish diversity jurisdiction, per the Court’s order in this case. Following jurisdictional discovery, and after reviewing the responses to the subpoenas that Interstate issued, Intestate has determined that complete diversity does not exist in this matter as one of the entities with an ownership interest in Defendant is an individual domiciled in the State of Texas. Interstate therefore respectfully requests that the Court enter an appropriate order dismissing this matter without prejudice so that Interstate may refile in the appropriate forum. See, e.g., Pereira v. Town of North Hempstead,

, 248 n.16 (E.D.N.Y. 2023) (“[D]ismissal for lack of subject matter jurisdiction must be without prejudice.”) (citation and quotation omitted) Interstate and the undersigned counsel sincerely thanks the Court for its involvement in this matter. . Respectfully submitted, Oud. Me. ft hn ts cleawuennel) P , be Ltd yy pee : A Shane P. Simen yA ax Shane P. Simon ce: All Counsel of Record (Via CM/ECF)

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