Loancare LLC v. Dimont & Associates, LLC

S.D. New York

Loancare LLC v. Dimont & Associates, LLC

DecidedFebruary 9, 2023

Docket1:22-cv-09286

StatusUnknown

This text of Loancare LLC v. Dimont & Associates, LLC (Loancare LLC v. Dimont & Associates, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Loancare LLC v. Dimont & Associates, LLC, (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX LOANCARE, LLC, : Plaintiff, : : 22-CV-9286 (JMF) -v- : : MEMORANDUM OPINION DIMONT & ASSOCIATES, LLC et al., : AND ORDER Defendants. : wee KX JESSE M. FURMAN, United States District Judge: Defendant Investor Claim Solutions, LLC (“ICS”) moves to dismiss for lack of personal jurisdiction. See ECF No. 26. Upon review of the parties’ motion papers, the Court DENIES the motion substantially for the reasons set forth in Plaintiff's opposition. See ECF No. 30. Put simply, the well-pleaded allegations in the Fourth Amended Complaint, see, e.g., ECF No. 25, 4 39-48, establish a prima facie showing that ICS is bound by the forum selection clause in the Master Services Agreement, which is sufficient at this stage of the litigation, see, e.g., Int’] Priv. Satellite Partners, L.P. v. Lucky Cat Ltd., 975 F. Supp. 483, 485-86 (W.D.N.Y. 1997) (denying a motion to dismiss for lack of personal jurisdiction in similar circumstances). ICS’s arguments to the contrary turn on factual disputes that cannot be resolved on the present record. ICS shall file an answer within fourteen days of the date of this Memorandum Opinion and Order. See Fed. R. Civ. P. 12(a)(4)(A). Counsel should discuss, and be prepared to address at the initial pretrial conference on March 1, 2023, whether or to what extent there should be bifurcated or expedited discovery relating to ICS’s personal jurisdiction. See Lucky Cat Ltd., 975 F. Supp. at 487 (authorizing limited jurisdictional discovery and noting that the defendant could “renew is motion to dismiss, if appropriate,” thereafter). The time of the initial pretrial conference on March 1, 2023, which will be held by telephone, is hereby CHANGED to 10:00 a.m. The call-in information remains the same. See ECF No. 29. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. Dated: February 9, 2023 New York, New York ESSE RMAN nited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX LOANCARE, LLC, : Plaintiff, : : 22-CV-9286 (JMF) -v- : : MEMORANDUM OPINION DIMONT & ASSOCIATES, LLC et al., : AND ORDER Defendants. : wee KX JESSE M. FURMAN, United States District Judge: Defendant Investor Claim Solutions, LLC (“ICS”) moves to dismiss for lack of personal jurisdiction. See ECF No. 26. Upon review of the parties’ motion papers, the Court DENIES the motion substantially for the reasons set forth in Plaintiff's opposition. See ECF No. 30. Put simply, the well-pleaded allegations in the Fourth Amended Complaint, see, e.g., ECF No. 25, 4 39-48, establish a prima facie showing that ICS is bound by the forum selection clause in the Master Services Agreement, which is sufficient at this stage of the litigation, see, e.g., Int’] Priv. Satellite Partners, L.P. v. Lucky Cat Ltd., 975 F. Supp. 483, 485-86 (W.D.N.Y. 1997) (denying a motion to dismiss for lack of personal jurisdiction in similar circumstances). ICS’s arguments to the contrary turn on factual disputes that cannot be resolved on the present record. ICS shall file an answer within fourteen days of the date of this Memorandum Opinion and Order. See Fed. R. Civ. P. 12(a)(4)(A). Counsel should discuss, and be prepared to address at the initial pretrial conference on March 1, 2023, whether or to what extent there should be bifurcated or expedited discovery relating to ICS’s personal jurisdiction. See Lucky Cat Ltd., 975 F. Supp. at 487 (authorizing limited jurisdictional discovery and noting that the defendant could “renew is motion to dismiss, if appropriate,” thereafter). The time of the initial pretrial conference on March 1, 2023, which will be held by telephone, is hereby CHANGED to 10:00 a.m. The call-in information remains the same. See ECF No. 29. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. Dated: February 9, 2023 New York, New York ESSE RMAN nited States District Judge

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Loancare LLC v. Dimont & Associates, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loancare-llc-v-dimont-associates-llc-nysd-2023.

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