This case was last updated from U.S. District Courts on 08/29/2025 at 03:31:06 (UTC).

Raymond James Financial Services, Inc. v. Rosengarten et al

Case Summary

On 06/30/2025 Raymond James Financial Services, Inc filed a Commercial and Trade - Contract lawsuit against Rosengarten. This case was filed in U.S. District Courts, New York Eastern District. The Judge overseeing this case is Marcia M. Henry. The case status is Open.

 

Case Details

  • Case Number:

    1:25-cv-03629

  • Filing Date:

    06/30/2025

  • Case Status:

    Open

  • Case Type:

    Commercial and Trade - Contract

Complaint

PARTIES

2. Plaintiff Raymond James is a company organized and existing under the laws of the State of Florida with its principal place of business in St. Petersburg, Florida.

3. Upon information and belief, Defendant Ronald is a citizen and resident of the State of Florida, residing in Miami, Florida.

4. Defendant Joy is a citizen and resident of the State of New York, residing in Bethpage, New York.

5. Upon information and belief, Defendant Martin is a citizen and resident of the State of New York, residing in Brooklyn, New York.

6. Upon information and belief, Defendant Carol is a citizen and resident of the State of New York, residing in Oceanside, New York.

7. Defendant Shannon is a citizen and resident of the State of New York, residing in Rockville Centre, New York.

8. Defendant Heather is a citizen and resident of the State of New York, residing in Babylon, New York.

JURISDICTION AND VENUE

9. This Court has original jurisdiction in this action pursuant to 28 U.S.C. § 1335 , and minimal diversity of citizenship exists between Raymond James and Defendants, as Raymond James and at least one of the Defendants are citizens of different states, and Raymond James has in its custody funds that exceed $500, based on the fact that the value of the account at issue is well over $2,000,000, plus any applicable interest, at the time of filing this action.

10. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because at least one of the Defendants resides in this judicial district. See 28 U.S.C. § 100.


Page 2

FACTUAL BACKGROUD

11. On November 8, 2000 , Esther Rosengarten (“Esther”) executed a Trust Agreement between herself and three of her four children: Martin, Ronald, and Carol (“the Trust”).

12. On June 1, 2019 , Esther opened Raymond James account XXXXJ837 (the “Trust Account”) held by the Trust executed on November 8, 2000 , which was named the “Esther M Rosengarten Rev Liv Tr.” See Exhibit A.

13. The Trust Account is comprised of primarily equities and cash. As of December 31, 2024 , the value of the Trust Account was $761,571.12. See Exhibit B, Trust NQ Annual Summary. Due to the equities in the Trust Account, the value of the Trust Account fluctuates per market conditions.

14. In or around May 2022 , Robert, Esther’s son, died.

15. Upon information and belief, in or around September 2022 , Esther amended her Trust and created a pour-over will that left a percentage of the assets to Robert’s widow, Joy, and his two children—Esther’s grandchildren—Shannon and Heather. Ronald is the executor under the Will and Ronald and Carol are co-trustees under the trust. See Exhibit A.

16. In or around December 2022 , the building out of which the Rosengarten family operated Ocean Air Enterprises, Inc. d/b/a Ace Air Conditioning, was sold, for at or around $3,900,000.00.

17. On December 22, 2022 , Esther opened Raymond James Account XXXXP188 (the “TOD Account”). The Account is a Transfer on Death (“TOD”) account. A TOD account transfers its assets to a named beneficiary or beneficiaries when the account owner dies.

Page 3

Judge Details

Presiding Judge

Marcia M. Henry

 

Party Details

Plaintiff

Raymond James Financial Services, Inc.

Defendants

Ronald Rosengarten

Joy Rosengarten

Martin Rosengarten

Carol Rosengarten

Shannon Rosengarten

Heather Rosengarten

Attorney/Law Firm Details

Plaintiff Attorney

Farrah Robyn Berse

 

Court Documents

#1

(#1) COMPLAINT for Interpleader against All Defendants filing fee $ 405, receipt number ANYEDC-19186790 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Raymond James Financial Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Berse, Farrah) (Entered: 06/30/2025)

1 #1

Civil Cover Sheet

1 #2

Exhibit A

1 #3

Exhibit B

1 #4

Exhibit C

1 #5

Exhibit D

1 #6

Exhibit E

1 #7

Exhibit F

1 #8

Exhibit G

1 #9

Exhibit H

1 #10

Exhibit I

#2

(#2) Civil Cover Sheet.. Re #1 Complaint, by Raymond James Financial Services, Inc. (Berse, Farrah) (Entered: 07/01/2025)

#3

(#3) Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) (Entered: 07/01/2025)

#4

(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 07/01/2025)

#5

(#5) SCHEDULING ORDER: An in-person initial conference will be held on 10/07/2025 at 10:00AM before Magistrate Judge Marcia M. Henry in Courtroom 13C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/30/2025, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). Plaintiff's counsel is directed to ensure that Defendants are aware of this conference by serving a copy of this Order, and the summary docket sheet (without attachments) and filing an affidavit of service within seven (7) days of service. So Ordered by Magistrate Judge Marcia M. Henry on 07/24/2025.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY) (Entered: 07/24/2025)

5 #1

Individual Practice Rules

5 More Documents Available

 

Docket Entries

07/24/2025
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Docket(#5) SCHEDULING ORDER: An in-person initial conference will be held on 10/07/2025 at 10:00AM before Magistrate Judge Marcia M. Henry in Courtroom 13C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/30/2025, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). Plaintiff's counsel is directed to ensure that Defendants are aware of this conference by serving a copy of this Order, and the summary docket sheet (without attachments) and filing an affidavit of service within seven (7) days of service. So Ordered by Magistrate Judge Marcia M. Henry on 07/24/2025.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY) (Entered: 07/24/2025)

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07/01/2025
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Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 07/01/2025)

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07/01/2025

DocketYour proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) (Entered: 07/01/2025)

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07/01/2025
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Docket(#3) Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) (Entered: 07/01/2025)

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07/01/2025

DocketCase Assigned to Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) (Entered: 07/01/2025)

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07/01/2025
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Docket(#2) Civil Cover Sheet.. Re #1 Complaint, by Raymond James Financial Services, Inc. (Berse, Farrah) (Entered: 07/01/2025)

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07/01/2025

DocketNotice: Re: Certification of Arbitration Eligibility not completed The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV) (Entered: 07/01/2025)

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06/30/2025
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Docket(#1) COMPLAINT for Interpleader against All Defendants filing fee $ 405, receipt number ANYEDC-19186790 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Raymond James Financial Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Berse, Farrah) (Entered: 06/30/2025)

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