Anwar et al v. Fairfield Greenwich Limited et al

Filing 182

AFFIDAVIT of Jack Yoskowitz in Support re: #181 MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court.. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd.. (Attachments: #1 Exhibit A)(Yoskowitz, Jack)

Anwar et al v. Fairfield Greenwich Limited et al

Doc. 182

UNITED STATES DISTRICT COURT SOURTHERN DISTRICT OF NEW YORK ANWAR et al. , Plaintiffs, vs. FAIRFIELD GREENWICH GROUP et al. Defendants. AFFIDAVIT OF JACK YOSKOWITZ 09 Civ. 0118 (VM)(THK)

FAIRFIELD SENTRY LIMITED, Plaintiff, vs. FAIRFIELD GREENWICH GROUP et al. Defendants. State of New York County of New York ) ) ) 09 Civ. 5650 (VM)(THK)

ss.

JACK YOSKOWITZ, being duly sworn, deposes and says: 1. I am a member of Seward & Kissel LLP, counsel for Plaintiff Fairfield

Sentry Limited ("Sentry"). I am familiar with the facts set forth herein. I submit this affidavit in support of Plaintiff's motion to (1) remand this action to state court under 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction, and (2) vacate the consolidation order, filed on June 25, 2009 under sections 2 and 7 of this Court's Consolidation Order and Order for Appointment, dated January 31, 2009, 09 Civ. 0118, Dkt. No. 40.
2.

The Company's Verified Complaint was filed in the New York Supreme

Court, County of New York on May 29, 2009, and it was removed by FGA to this Court on June 19, 2009.

Dockets.Justia.com

3.

By Order dated June 25, 2009 (Dkt. No. 177), this action was consolidated

with Anwar under the Standing Consolidation Order and the Civil Case Management Plan and Scheduling Order issued by this court on March 11, 2009 (the "CMO")(Dkt. No. 69).
4.

Attached hereto as Exhibit A is a true and correct copy of a June 9, 2009

letter from Mark G. Cunha to the Court.

___s/Jack Yoskowitz _____ Jack Yoskowitz

Signed before me this 10th day of July 2009 __s/Ira J. Aronson Notary Public Ira J. Aronson Notary Public, State of New York No. 01AR4732833 Qualified in New York County Commission Expires September 10, 2010

SK 26729 0002 1012383