Zanghi et al v. Ritella et al

Filing 164

ORDER: ORDERED that any claim arguably remaining in this Court against Callegari is dismissed for lack of subject matter jurisdiction. Stefano Callegari and Stefano Callegari terminated. (Signed by Judge Naomi Reice Buchwald on 1/7/2022) (mml)

Case 1:19-cv-05830-NRB Document 164 Filed 01/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------X
FRANCESCO ZANGHI and ZANGHI LLC,
Plaintiffs,
- against –

ORDER
19 Civ. 5830 (NRB)

PIERGRAZIANO RITELLA, GIUSEPPE
CAVALLARO, ALESSANDRO VACCA,
GIANLUCA ALOCCI, STEFANO CALLEGARI,
FUTURA HOSPITALITY LLC, STUDIO
LEGALE CAVALLARO, and GIOIA E VITA
S.R.L.,
Defendants.
----------------------------------X
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE
WHEREAS plaintiffs’ First Amended Complaint asserted two bases
for the exercise of federal subject matter jurisdiction, namely 15
U.S.C. § 78aa (securities) and 18 U.S.C. § 1964(c) (RICO); and
WHEREAS defendant Stefano Callegari (“Callegari”) was not named
in the securities law counts (Counts I and II), so the only asserted
basis for the exercise of federal subject matter jurisdiction over
Callegari was RICO; and
WHEREAS this Court’s Memorandum and Order, filed on September
24, 2021, dismissed the RICO claim with prejudice; and
WHEREAS a plaintiff “must establish the court’s jurisdiction
with respect to each claim asserted,” Sunward Elec. Inc. v. McDonald,
362 F.3d 17, 24 (2d Cir. 2004); and

Case 1:19-cv-05830-NRB Document 164 Filed 01/07/22 Page 2 of 2

WHEREAS supplemental jurisdiction is the sole basis for the
assertion of jurisdiction over the only state law claim asserted
against Callegari, it is within the Court’s discretion to determine
whether to exercise supplemental jurisdiction over that claim, see
Robertson v. MetLife Securities, Inc., 779 F. App’x 783, 786 (2d
Cir. 2019); and
WHEREAS

this

Court

has

determined

that

the

exercise

of

supplemental jurisdiction is not warranted, First Capital Asset
Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 183 (2d Cir. 2004),
given that the September 24, 2021 decision transferred all of the
claims concerning the Sforno transaction to Italy following a forum
non conveniens analysis; it is hereby
ORDERED that any claim arguably remaining in this Court against
Callegari is dismissed for lack of subject matter jurisdiction.
Dated:

New York, New York
January 7, 2022

____________________________
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE

2