Darko Entertainment LLC v. Magnolia Pictures LLC

District Court, S.D. New York

Darko Entertainment LLC v. Magnolia Pictures LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ir ee a. DARKO ENTERTAINMENT, LLC as Successor : in Interest to GBA FILM, LLC and YOU DON’T : ORDER DISMISSING KNOW ME PRODUCTIONS, INC., : COMPLAINT FOR LACK OF : JURISDICTION Plaintiff, -against- : 20 Civ. 8166 (AKH) MAGNOLIA PICTURES, LLC, : Defendant. —eaeeeeee EE, ne ee ALVIN K. HELLERSTEIN, U.S.D.J.: Plaintiff DARKO ENTERTAINMENT, LLC, a limited liability company registered in California, sues Defendant Magnolia Pictures, LLC. The alleged jurisdictional basis is diversity of citizenship, pursuant to

28 U.S.C. § 1332

. For diversity purposes, a limited liability company is deemed to be a citizen of all the states in which its members are citizens. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship,

213 F.3d 48

, 51052 (2d Cir. 2000) (citing Carden v. Arkoma Assocs.,

494 U.S. 185

, 195- 96 (1990)); see also Americold Realty Tr. v. Conagra Foods, Inc., 1368S. 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 the Plaintiff's and Defendant’s limited liability companies and to allege their citizenship. The complaint is dismissed, with leave to replead an adequate basis of complete □ diversity of citizenship no later than 30 days from this order. SO ORDERED. he MBA CS Dated: October 28, 2020 New York, New York ALVIN K. HELLERSTEIN United States District Judge

Reference

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