Bayshore Capital Advisors, LLC v. Bron Studios USA, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BAYSHORE CAPITAL ADVISORS, LLC, et al., Plaintiff, No. 22-CV-1105 (KMK) v. ORDER CREATIVE WEALTH MEDIA FINANCE CORP., et al., Defendants. KENNETH M. KARAS, District Judge: Plaintiff, BRON Defendants, and Creative Defendants are ordered to brief the following issues. First, the Parties should provide briefing as to whether, under CPLR 302(a)(1), Plaintiffs’ causes of action have an “articulable nexus” or “substantial relationship” with any transaction of business in New York each BRON and Creative Defendant engaged in with Hudson Defendants. D & R Glob. Selections, S.L. v. Bodega Olegario Falcon Pineiro, 78 N.E.3d 1172, 1176 (N.Y. 2017). Second, the Parties should brief whether service upon a foreign defendant’s attorney in the United States constitutes service within the United States for the purposes of RICO jurisdiction. See Nat'l Asbestos Workers Med. Fund v. Philip Morris, Inc., 86 F. Supp. 2d 137, 140 (E.D.N.Y. 2000). The submissions should be no more than seven pages double spaced and are due by March 2, 2023. SO ORDERED. □ DATED: February 23, 2023 _— White Plains, New York KENNETH M. KARAS UNITED STATES DISTRICT JUDGE