District Court, S.D. New York, 2019

Germantom International GmbH v. Epoch Media Group, LLC

Germantom International GmbH v. Epoch Media Group, LLC
District Court, S.D. New York · Decided December 20, 2019
Germantom International GmbH v. Epoch Media Group, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ponent ee eee ee eee enneeeneneceeneeee XK GERMANTOM INTERNATIONAL GMBH, : : ORDER DISMISSING Plaintiff, : COMPLAINT FOR LACK OF -against- : JURISDICTION EPOCH MEDIA GROUP, LLC, : 19 Civ. 10306 (AKH) Defendant. : wren □□□□□□□□□□□□□□□□□□□□□□ XK ALVIN K. HELLERSTEIN, U.S.D.J.: Plaintiff, a German corporation, sues defendant, Epoch Media Group, LLC. The alleged jurisdictional basis is diversity of citizenship, pursuant to 28 U.S.C. § 1332. Limited liability companies are deemed to be citizens of all the states in which their constituents are citizens. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51 (2d Cir. 2000) (citing Carden y. Arkoma Assocs., 494 U.S. 185 (1990)); see also Americold Realty Tr. v. Conagra Foods, Inc., 1368. Ct. 1012, 1014 (2016) (“While humans and corporations can assert their own citizenship, other entities take the citizenship of their members.”). Plaintiff has failed to identify the members of Epoch Media Group, LLC and allege their citizenship.

The complaint is dismissed, with leave to replead an adequate basis of diverse citizenship no later than 30 days from this order.

SO ORDERED.

Dated: DecemberL® 2019 Cc 2 OS New. York, New York ‘ALVIN K. HELLERSTEIN United States District Judge USDC .

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