OPINION & ORDER Money Tree Capital Funding, LLC (“MTCF”) brings this action against Money Tree Capital Markets LLC, a New York limited liability company (“Money Tree NY”), and Money Tree Capital Markets LLC, a Delaware limited liability company (“Money Tree DE”) (collectively the “Money Tree Defendants”) for breach of contract, or in the alternative, for unjust enrichment. MTCF also brings suit against Kamal Malik (“Malik”) for fraudulent inducement. Doc. 112. Before the Court are the Money Tree Defendants’ and Malik’s motions to dismiss MTCF’s First Amended Complaint for lack of diversity jurisdiction and failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Docs. 114, 116. For the reasons set forth below, the motions are DENIED. I. BACKGROUND A. Factual Background1 1 MTCF MTCF is a New York limited liability company with three members: Keith Stein, Oliver Cojot, and Ira Saferstein.2 20. Stein is a citizen of Connecticut, and Cojot and Saferstein are citizens of Florida. Id. Stein, an attorney, previously lived in Manhattan, but he sold his apartment there in August 2021 and moved to Connecticut starting on September 8, 2021. 21; see also Doc. 49, Stein Decl. at
4-5. He considers Connecticut his home and intends to remain there. Id. at 10. He lists his Connecticut address on his federal income-tax return, holds a Connecticut driver’s license, is registered to vote in Connecticut, and is billed for utilities in Connecticut. Id.; see also Doc. 112-2 (Stein’s 2021 income-tax return, his driver’s license issued in 2022, his voter registration dated November 4, 2022, and his utility bill dated August 2022). Stein owns a summer vacation home on Fire Island in New York, but goes there only for vacation, and exclusively in the summer months. 21; see also Doc. 49, Stein Decl. 6. The home is fully closed from October-April. Id.; see also Doc. 112-2 (invoice and screenshot of text message exchange showing that Stein’s Fire Island home was opened in the spring of 2022 and closed in the fall of 2022). On a search conducted on February 2, 2023, Stein did not appear on the Connecticut database of attorneys registered in the state. See Doc. 109-5 (a list of registered Connecticut lawyers named Stein). As of February 6, 2023, Stein appears as a New York licensed attorney. Doc. 109-4 (screenshot of Stein’s attorney registration with the New York State Unified Court System). Cojot has lived in Florida since 2017. 23. He owns a condominium in Florida where he resides, lists his Florida address on his federal income-tax return, holds a Florida driver’s license, is registered to vote in Florida, and is billed for utilities in Florida. Id.; see also Doc. 112-4 (Cojot’s driver’s license issued on October 22, 2019, his voter’s registration dated October 22, 2019, his 2021 income-tax return, his utility notice dated October 21, 2022, and his deed for his Florida condominium purchased in March 2022). Saferstein has lived in Florida since August 2018. 22. He lists his Florida address on his federal income-tax return, holds a Florida driver’s license, is registered to vote in Florida, and is billed for utilities in Florida. Id.; see also Doc. 112-3 (Saferstein’s voter registration dated January 2018, driver’s license issued in 2018, his 2021 income-tax return, and his utility bill for a period starting in October 2022). Saferstein works for Titan Capital-EMG, LLC (“Titan Capital”), which maintains a Manhattan office.3 22. 2. Defendants Malik is a citizen of the United Kingdom, a permanent resident in the United States, and is domiciled, per his counsel, in Virginia.4 He is a principal of the Money Tree Defendants. 26. Money Tree NY is a New York limited liability company, with two members — Malik and Eastone Equities LLC. Id. The sole member of Eastone Equities LLC is Kevin Yu, who is a citizen of New York. Id. Thus, Money Tree NY is a citizen of New York and Virginia, in addition to a citizen or subject of the United Kingdom. Money Tree DE is a Delaware limited liability company, with Malik as its sole member. Thus, Money Tree DE is a citizen of Virginia, as well as a citizen or subject of the United Kingdom. 3. The Money Tree Defendants’ Business The Money Tree Defendants make mortgage loans to home buyers who buy homes for investment purposes.
