Noble Talents LLC LLC v. Asch

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED NOBLE TALENTS LLC, NOBLE CAPITAL DOC INTERNATIONAL LLC, and NOBLE MARKETS, DATE FILED: 12/12/2019 LLC, Plaintiffs, -against- 19 Civ. 11020 (AT) MARC ASCH, Individually and as the Alter Ego of ORDER MEA INVESTMENTS LLC, and MEA INVESTMENTS LLC, Defendants.

ANALISA TORRES, District Judge: Plaintiff brings this action against Defendants Mark Asch and MEA Investments LLC, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332.

Compl. § 6, ECF No. 1. Plaintiffs are Noble Talents LLC, Nobel Capital International LLC, and Noble Markets, LLC. If Plaintiffs are, indeed, limited liability companies, as their names would imply and the complaint alleges, Compl. JJ 1-3, and if MEA Investments LLC 1s a limited liability company, as its name implies and the complaint alleges, Compl. 5, then the complaint must allege the citizenship of natural persons who are members of each limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of each limited liability company. By December 19, 2019, Plaintiffs shall amend their pleading to allege, for each LLC, the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) (“For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members.”). If Plaintiffs fail to amend the complaint by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of each LLC, then the complaint will be dismissed for lack of subject matter jurisdiction.

SO ORDERED.

Dated: December 12, 2019 New York, New York ANALISA TORRES United States District Judge