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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs, twenty-eight entities who own senior housing complexes, filed an amended complaint against Defendants Mussachio Architects P.C. and Marc Mussachio alleging claims for breach of contract; professional malpractice; contribution under New York Civil Practice Law and Rules (“CPLR”) 1401; violation of the Fair Housing Act of 1968 (“FHA”), as amended, 42 U.S.C. §3601 et seq.; violation of the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §296 et seq.; violation of Ohio’s unlawful discriminatory practices statute, Ohio Rev. Code §4112.02 et seq.; violation of Indiana Fair Housing Law, Ind. Code §22-9.5-5-5 et seq.; and violation of Kentucky unlawful housing practices, Ky. Rev. Stat. §344.360 et seq. (Dkt. No. 71).1 Presently before the Court is Defendants’ motion to dismiss the amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Dkt. No. 74). The motion is fully briefed. (Dkt. Nos. 75, 76). For the following reasons, the Court grants Defendants’ motion to dismiss in part. II. BACKGROUND A. Procedural Background This action was commenced in March 2022 by a group of Fair Housing Organizations (the “Original Plaintiffs”)2 alleging violations of the FHA and NYSHRL against Defendants, the property manager, contractors, and various property owners. (See generally Dkt. No. 1). The Original Plaintiffs alleged that the original defendants “designed or constructed, or own[ed] or operate[d] multi-family rental housing complexes that do not comply with the FHA’s accessibility requirements.” (Id. 1). On August 4, 2022, the present Plaintiffs and others settled the claims against them with the seven Original Plaintiffs as well as five additional Fair Housing Groups. (See Dkt. No. 71-1 (Settlement Agreement dated August 4, 2022)).3 Plaintiffs agreed to (1) undertake a number of “alterations to improve accessibility for the exterior of the Properties” set forth in a “Punch List” and with an estimated value of at least $3 million; (2) provide an “Individual Unit Modification Fund” to be used for individual unit modifications requested by residents or potential residents on account of disability; and (3) make a settlement payment to the Fair Housing Groups in the amount of $750,000. (Id. at 6-15). The settlement agreement expressly excluded all claims against Defendants Mussachio Architects, P.C. and Marc Mussachio, who were not parties to the agreement. (Id. at 18 (“Nothing in the above releases shall be construed as any party to this Agreement releasing any claims…that any party to this Agreement may have against Mussachio Architects, P.C., or Marc Mussachio.”)). Subsequently, on August 17, 2022, the Original Plaintiffs and the five additional Fair Housing Groups (collectively, the “Assignors”) assigned to Plaintiffs, “as it relates to the subject housing complex owned by each [Plaintiff],” “all right, title to and interest in (1) all of the claims and causes of action the [Assignors], or any of them, have against Mussachio Architects, P.C. and Marc Mussachio” that are set forth in the original complaint in this action, and (2) “all of the claims and causes of action the [Assignors], or any of them, may have against [Defendants] for design and construction-related violations of the FHA” relating to the identified properties. (Dkt. No. 71-2, at 2 (Assignment)). By Text Order dated February 14, 2023, Magistrate Judge Miroslav Lovric granted Plaintiffs leave to file an amended complaint. (Dkt. No. 70). B. Amended Complaint4 The amended complaint alleges that Plaintiffs entered into various written contracts with Mussachio Architects, P.C., of which architect Marc Mussachio is a principal, between August 2, 2010 and September 9, 2021 to “perform certain design services” relating to housing complexes as set forth in each contract. (Dkt. No. 71,

51-52, 61-94); see also Appendix. These contracts were “in the form of AIA Document B102-2007 (Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect’s Services) and AIA B201-2007 (Standard Form of Architect’s Services).” (Dkt. No. 71,

 
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