Opinion
22-CV-795 (KMK)
05-03-2022
CAROL BAMONTE, as Administrator of the Estate of KATHLEEN DURST; and JAMES MCCORMACK, VIRGINIA MCKEON, and MARY HUGHES, as Co-Administrators of the Estate of ANNE C. MCCORMACK, a Distributee of the Estate of KATHLEEN DURST, Plaintiffs, v. DEBRAH LEE CHARATAN, at the Nominated Executor of the Estate of ROBERT DURST, Defendant.
ORDER
KENNETH M. KARAS UNITED STATES DISTRICT JUDGE
The Court requests that the Parties each file a letter on the docket by 4:00 p.m. Friday, May 6, 2022, with a detailed explanation of the following topics:
• Federal courts' so-called probate exception, see generally Marshall v. Marshall, 547 U.S. 293 (2006); Lefkowitz v. Bank of New York, 528 F.3d 102 (2d Cir. 2007), and its application to Orders of Attachment under New York C.P.L.R. § 6201; and,
• The distinction between an estate administrator's citizenship for purposes of diversity jurisdiction, see 28 U.S.C. § 1332 (c)(2), an individual's domiciliary in her individual capacity, and the same individual's domiciliary in her capacity as an estate's executor, assuming her nomination.
The letters may not exceed 4 pages. Letters exceeding this limit or posted after 4:00 p.m. Friday, will not be considered.
SO ORDERED.