Signature Financial LLC v. Neighbors Global Holdings, LLC et al
Filing
28
OPINION: For the reasons set forth above, the Court, on October 29, 2017, denied defendants' motion to dismiss plaintiff's complaint and defendants' motion to transfer venue. (Signed by Judge Jed S. Rakoff on 12/19/2017) (mml)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------x
SIGNATURE FINANCIAL LLC,
17 Civ. 6089
Plaintiff,
OPINION
-
v -
NEIGHBORS GLOBAL HOLDINGS, LLC, NEC
LUFKIN EMERGENCY CENTER, LP, NEC
GREELEY EMERGENCY CENTER, LP, NEC
WEST WARWICK EMERGENCY CENTER, LP,
NEC LUBBOCK EMERGENCY CENTER, LP,
NEIGHBORS LEGACY HOLDINGS, INC.
f/k/a NEIGHBORS HEALTH SYSTEM, INC.,
NEIGHBORS HEALTH, LLC f /k/a
NEIGHBORS HEALTH SYSTEM, LLC, and
NEC BELLAIRE EMERGENCY CENTER, LP,
Defendants.
-------------------------------------x
JED S. RAKOFF, U.S.D.J.
This is a breach of contract action involving finance leases
for
IT equipment and services extended by non-party All
Points
Solutions, Inc. d/b/a 3i International ("3i") to Neighbors Global
Holdings,
LP
LLC
("Neighbors Global"), NEC Lufkin Emergency Center,
("Lufkin"), NEC Greeley Emergency Center, LP
West Warwick Emergency Center,
LP
("Greeley"), NEC
("West Warwick"),
NEC Lubbock
Emergency Center, LP ("Lubbock"), Neighbors Legacy Holdings, Inc.
("Legacy Holdings"),
Neighbors Health,
LLC
("Neighbors Health"),
and NEC Bellaire Emergency Center, LP ("Bellaire")
"defendants" or "Neighbors").
1
(collectively,
Plaintiff Signature Financial LLC ("Signature") - an assignee
of 3i - brings a fifteen-count complaint arising from defendants'
non-payment of rent. See Dkt. 1, Ex. A.
Defendants,
on
plaintiff's complaint
York and,
September
for
6,
2017,
lack of personal
in the alternative,
moved
to
dismiss
jurisdiction in New
to transfer venue to the Southern
District of Texas pursuant to 28 U.S.C.
§
1404. See Dkt. 12. Upon
due consideration, by bottom-line Order dated October 29, the Court
denied
defendants'
motion
in
its
entirety.
See
Dkt.
24.
This
Opinion sets forth the reasons for that ruling.
The pertinent allegations are as follows:
Signature, a wholly-owned subsidiary of Signature Bank, a New
York-chartered bank, is a New York limited liability company with
its principal place of business
in New York.
See Affidavit
in
Opposition of David McGowan ("McGowan Affidavit") ! 2, Dkt. 16.
Legacy Holdings
is a
Texas corporation with
its principal
place of business in Texas and is wholly-owned by nine non-party
physicians who are residents of Texas.
See Affidavit of Francine
A. Elliot in Support of Defendants' Motion to Dismiss or Transfer
("Elliot Affidavit") !
5, Dkt. 14.
Neighbors Global is a Delaware limited liability company with
its principal place of business in Texas. Id. ! 4. Neighbors Global
is
a
wholly-owned subsidiary of Legacy Holdings.
Global owns Neighbors Health,
Id.
Neighbors
a Texas limited liability company
2
with its principal place of business in Texas.
Id.
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