MEMORANDUM AND ORDER
JOSEPH F. BIANCO, District Judge:
Plaintiff Gurney's Inn Resort & Spa Ltd. ("plaintiff" or "Gurney's") commenced this action in New York State Supreme Court, Suffolk County, against Linda Benjamin ("Benjamin"), Thomas Carusona ("Carusona"), and Christopher Bennett ("Bennett") seeking a declaratory judgment to determine the respective rights of the members of Gurney's Board of Directors ("the Board").
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