Collier, Jr. v. Njuguna

District Court, S.D. New York

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

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