GCube Insurance Services, Inc. v. Neighborhood Power Corporation

DAL EE ELECTRONICALLY FII DOC #: □□ DATE FILED: □□□□□□□□ UNITED STATES DISTRICT COURT — SOUTHERN DISTRICT OF NEW YORK GCube Insurance Services, Inc., individually and on behalf of Certain Underwriters at Lloyds London, Subscribing to Policy SO 174415602, 20-cv-04912 (AJN) Plaintiff, ORDER —y— Neighborhood Power Corporation, Defendant.

ALISON J. NATHAN, District Judge: The limited subject matter jurisdiction of a district court is best addressed at the outset of case. Courts have an independent obligation to determine whether subject matter jurisdiction exists. Arbaugh v. Y&H Corp., 546 U.S. 500, 501 (2006).

Defendant Neighborhood Power Corporation (“Neighborhood Power’) removed this action from New York Supreme Court, invoking the Court’s subject matter jurisdiction by reason of diversity of citizenship. The Notice of Removal alleges that Plaintiff GCube Insurance Services, Inc. is a citizen of the state of California. Dkt. No. 1 46. It further alleges that Defendant Neighborhood Power is a corporation “authorized to do business in the State of New York” with its principal place of business located in Kahului, Hawaii, but the Notice of Removal does not allege Neighborhood Power’s state of incorporation. Dkt. No. 1 47. The original Complaint, meanwhile, alleges that Neighborhood Power is a “California corporation.” Dkt. No. 1, Ex. B, at 73.

“For 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).

Within ten days of the date of this Order, Defendant shall amend its Notice of Removal to fully allege the citizenship of Neighborhood Power, including the state of incorporation and principal place of business. If, by the foregoing date, Defendant is unable to amend to truthfully allege complete diversity of citizenship, then the case will be dismissed for lack of subject matter jurisdiction without further notice to any party.

Dated: July _____, 2020 New York, New York __________________________________ ALISON J. NATHAN United States District Judge