Collier, Jr. v. Njuguna
Collier, Jr. v. Njuguna
Trial Court Opinion
poem □ Stee □□ □ □□ po UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
William Collier, Jr, NOV 2 1 2015 Plaintiff, 19-cv-9608 (AJN) —-V—- ORDER Njuguna J. Jacob and J ack Transport, LLC, Defendants.
ALISON J. NATHAN, District Judge: “For purposes of diversity jurisdiction, a limited liability company has the citizenship of
each of its members.” Strother v. Harte,
171 F. Supp. 2d 203, 205(S.D.N.Y. 2001). A
complaint or notice of removal premised on diversity of citizenship must therefore allege the
citizenship of natural persons and corporations that are members of a limited liability company.
See Handelsman v. Bedford Vill. Assoc. Ltd. P’ship,
213 F.3d 48, 51-52(2d Cir. 2000); Fed. R.
Civ. P. 8(a). As to parties identified to be corporations, “[flor jurisdictional purposes, a
corporation is deemed to be a citizen both of the state in which it has been incorporated and the
state in which it has its principal place of business.” Advani Enters., Inc. v. Underwriters at
Lloyds,
140 F.3d 157, 161(2d Cir. 1998). According to the Court’s Order of October 18, 2019, Plaintiff was to amend his
Complaint “to allege the citizenship of each constituent person or entity comprising Jack
Transport, LLC (including the state of incorporation and principal place of business of any
corporate entity member).” Dkt. No. 5. As of the date of this Order, Plaintiff has amended his
Complaint but failed to allege the citizenship of each of Jack Transport, LLC’s members. Within
twenty davs of the date of this Order, Jack Transport LLC shall amend the Notice of Removal to
allege the citizenship of each constituent person or entity comprising J ack Transport LLC
(including the state of incorporation and principal place of business of any corporate entity
member). If, by the foregoing date, J ack Transport LLC is unable to amend to truthfully allege
complete diversity of citizenship, then this action will be dismissed for lack of subject matter
jurisdiction without further notice to any party.
Dated: Novemberd , 2019 New York, New York | it
\ J ALISON J. NATHAN United States District J udge
Reference
- Status
- Unknown