JS 44C/SDNY

Case 1:19-cv-07625-AJN-DCF Document 2 Filed 08/14/19 CIVIL COVER SHEET

Page 1 of 2

REV. 06/01/17

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS
VE

DEFENDANTS
Nine East 71st Street,Corporation, Financial Trust Company, Inc., NES, LLC,

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)

Edwards Pottinger LLC

1930 Broadway, Suite 12B, New York, NY 10023
954-524-2820

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(Do NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Negligence

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time?:
No [x]
Yes [ ]

Judge Previously Assigned: <empty>

If yes, was this case Vol. [ ] Invol. [ ] Dismissed No [ ] Yes [ ]
If yes, give date: <empty> & Case No.: <empty>

Is THIS AN INTERNATIONAL ARBITRATION CASE?:
No [x]
Yes [ ]

PLACE AN [x] IN ONE BOX ONLY
NATURE OF SUIT

TORTS

## ACTIONS UNDER STATUTES

CONTRACT:
[ ] 110 INSURANCE
[ ] 120 MARINE
[ ] 130 MILLER ACT
[ ] 140 NEGOTIABLE INSTRUMENT
[ ] 150 RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS (EXCL VETERANS)
[ ] 151
[ ] 152
[ ] 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS SUITS
[ ] 160
[ ] 190 OTHER CONTRACT PRODUCT LIABILITY
[ ] 195
[ ] 196 FRANCHISE

PERSONAL INJURY:
[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT LIABILITY
[ ] 320 ASSAULT, LIBEL & SLANDER
[ ] 330 FEDERAL EMPLOYERS' LIABILITY
[ ] 340 MARINE
[ ] 345 MARINE PRODUCT LIABILITY
[ ] 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL INJURY
[ ] 362 PERSONAL INJURY - MED MALPRACTICE
[ ] 380 OTHER PERSONAL PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO VACATE SENTENCE 28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER CIVIL RIGHTS
[ ] 440 OTHER CIVIL RIGHTS (Non-Prisoner)
[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS FORCED CONCESSION FORECLOSURE RENT LEASE & EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY
[ ] 446 AMERICANS WITH DISABILITIES - EMPLOYMENT
[ ] 448 EDUCATION

FORFEITURE/PENALTY:
[ ] 625 DRUG RELATED SEIZURE OF PROPERTY 21 USC 881
[ ] 690 OTHER

PROPERTY RIGHTS:
[ ] 820 COPYRIGHTS
[ ] 830 PATENT
[ ] 835 PATENT-ABBREVIATED NEW DRUG APPLICATION
[ ] 840 TRADEMARK

PERSONAL PROPERTY:
[ ] 370 OTHER FRAUD
[ ] 371 TRUTH IN LENDING

SOCIAL SECURITY:
LABOR:
[ ] 710 FAIR LABOR STANDARDS ACT
[ ] 720 LABOR/MGMT RELATIONS
[ ] 740 RAILWAY LABOR ACT
[ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR LITIGATION
[ ] 791 EMPL RET INC SECURITY ACT (ERISA)

IMMIGRATION:
[ ] 462 NATURALIZATION APPLICATION
[ ] 465 OTHER IMMIGRATION ACTIONS

REAL PROPERTY:
[ ] 210 LAND CONDEMNATION
[ ] 220 FORECLOSURE
[ ] 230 RENT LEASE &
EJECTMENT
[ ] 240 TORTS TO LAND
[ ] 245 TORT PRODUCT LIABILITY
[ ] 290 ALL OTHER REAL PROPERTY

PRISONER CIVIL RIGHTS:
[ ] 550 CIVIL RIGHTS
[ ] 555 PRISON CONDITION
[ ] 560 CIVIL DETAINEE CONDITIONS OF CONFINEMENT

BANKRUPTCY:
[ ] 422 APPEAL 28 USC 158
[ ] 423 WITHDRAWAL 28 USC 157

OTHER STATUTES:
[ ] 375 FALSE CLAIMS
[ ] 376 QUI TAM
[ ] 400 STATE REAPPORTIONMENT
[ ] 410 ANTITRUST
[ ] 430 BANKS & BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER INFLUENCED & CORRUPT ORGANIZATION ACT (RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/COMMODITIES/EXCHANGE
[ ] 890 OTHER STATUTORY ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL MATTERS
[ ] 895 FREEDOM OF INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF STATE STATUTES

Check if demanded in complaint:
[ ] CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
IF SO, STATE:<empty>

DEMAND $<empty> OTHER<empty> JUDGE<empty> DOCKET NUMBER<empty>

Check YES only if demanded in complaint
JURY DEMAND:
[x] YES
[ ] NO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

Case 1:19-cv-07625-AJN-DCF Document 2 Filed 08/14/19 Page 2 of 2

(PLACE AN X IN ONE BOX ONLY)
ORIGIN:
[x] 1 Original Proceeding
[ ] 2 Removed from State Court
[ ] 3 Remanded from Appellate Court
[ ] 4 Reinstated or Reopened
[ ] 5 Transferred from (Specify District):<empty>
[ ] 6 Multidistrict Litigation (Transferred):<empty>
[ ] 7 Appeal to District Judge from Magistrate Judge:<empty>

[ ] a. all parties represented
[ ] b. At least one party is pro se.

(PAUSE AN X IN ONE BOX ONLY)
BASIS OF JURISDICTION:
[ ] 1 U.S. PLAINTIFF
[ ] 2 U.S. DEFENDANT
[ ] 3 FEDERAL QUESTION (U.S. NOT A PARTY)
[x] 4 DIVERSITY

IF DIVERSITY, INDICATE CITIZENSHIP BELOW.

□

□

## CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)

CITIZEN OF THIS STATE: [ ] CITIZEN OR SUBJECT OF A FOREIGN COUNTRY
[ ] INCORPORATED AND PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE
CITIZEN OF ANOTHER STATE: [x] 2
[ ] 2
INCORPORATED OR PRINCIPAL PLACE OF BUSINESS IN THIS STATE: [ ] 4
[x] 4
FOREIGN NATION: [ ] 6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Resident of the state of Florida c/o Edwards Pottinger, LLC, 425 North Andrews Avenue, Suite 2, Fort Lauderdale, FL 33301

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Nine East 71st Street Corporation: c/o Darren K. Indyke, Esq. 575 Lexington Ave., 4th Fl, New York, NY 10022. Financial Trust Company, Inc.: US Virgin Islands corporation. NES, LLC: 6100 Red Hook Quarter, B-3, St Thomas, US Virgin Islands

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

## COURTHOUSE ASSIGNMENT

I hereby certify that this case should be assigned to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20 or 21.

Check one:
[ ] WHITE PLAINS 
[x] MANHATTAN

DATE: 08/14/2019
SIGNATURE OF ATTORNEY OF RECORD: /s/ J. Stanley Pottinger
RECEIPT #: <empty>

ADMITTED TO PRACTICE IN THIS DISTRICT:
[ ] NO
[x] YES (DATE ADMITTED Mo.: <empty> Yr.: <empty>)
Attorney Bar Code # 1892132

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge <empty> is so Designated.
Ruby J. Krajick, Clerk of Court by <empty> Deputy Clerk, DATED <empty> .
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
documents/doj-5f524703a995ab20.pdf
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