PMX Agency LLC v. Blackstreet Capital Holdings, LLC et al, No. 1:2016cv03849 - Document 87 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER re: 60 FIRST MOTION to Dismiss Amended Complaint, filed by Justin Cooper, 63 MOTION to Dismiss for Lack of Jurisdiction , filed by Jonathan Tipton, Premier Care Holdings, Inc., Premier Care, LLC, B lackstreet Capital Holdings, LLC, Lawrence S. Berger, 58 MOTION to Dismiss Notice of Motion to Dismiss Plaintiff's First Amended Complaint, filed by Lawrence Bregel. The Court will allow three weeks from the date of this Order for PMX Agency to amend the complaint and submit the letter. The failure to do so will result in the immediate remand of this matter to the Supreme Court of New York, New York County. The Defendants may submit a response, also no longer than three pages and no later than a week after PMX Agency's submission, and may include additional affidavits or declarations. Because it is not clear that this Court has subject matter jurisdiction and federal courts generally must decide the jurisdictional question first, the Court will not address at this time Defendant Bregel's and Cooper's motions to dismiss for lack of personal jurisdiction and failure to state a claim and the rest of the Defendants' motion to dismiss for lack of pe rsonal jurisdiction. See Werekoh v. Commissioner of Social Sec., No. 12 Civ. 6954, 2013 WL 4407063, at *3 (S.D.N.Y. Aug 19, 2013) ("A court must decide a Rule 12(b)(1) motion before any other motion to dismiss because a court may not act if it lacks jurisdiction."). These motions (ECF No. 58, 60, 63) are denied as moot, without prejudice to renewal in the event that PMX Agency demonstrates that the Court does have subject matter jurisdiction over this action, and as further set forth herein. (Signed by Judge Andrew L. Carter, Jr on 8/21/2017) (ras)