UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX MICHAEL FRIEDMAN GROUP INC., : Plaintiff, : -v- : 21-CV-3036 (JMF) DIGITAL MEDIA SOLUTIONS, LLC, : ORDER Defendant. : wee KX JESSE M. FURMAN, United States District Judge: Plaintiff filed this action on April 8, 2021. See ECF No. 1. On April 9, 2021, the Court issued an Order noting that Plaintiff had not adequately alleged that the Court had subject-matter jurisdiction pursuant to

. ECF No. 5. In that Order, the Court instructed Plaintiff to “amend its Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLC and plead sufficient facts to demonstrate a reasonable probability that the amount in controversy exceeds $75,000.” /d. at 2. On April 16, 2021, Plaintiff filed an Amended Complaint in which it alleged that the Defendant LLC’s sole member is Digital Media Solutions Holding, LLC, whose majority member is a “Delaware resident” by the name of CEP V DMS US Blocker Company. ECF No. 6, § 18. Plaintiff also alleges that Digital Media Solutions Holding, LLC has “various minority members[] none of [whom are] resident in New York.” Jd. Alas, that does not cut it, as it is well established that “allegations of residency alone cannot establish citizenship.” Canedy v. Liberty Mut. Ins. Co.,

(2d Cir. 1997). In the Court’s prior Order, the Court warned Plaintiff that failure to properly allege subject-matter jurisdiction in the Amended Complaint would result in dismissal. See ECF No. 5. Nevertheless, “when the record supports a factual basis for diversity, leave to correct a technical defect is freely given.” Maitland v. Fishbein,

(2d Cir. 2018) (summary order). Accordingly, the Court will give Plaintiff one final chance to properly establish subject- matter jurisdiction. No later than April 23, 2021, Plaintiff shall once again amend its Complaint to properly allege the citizenship of each party to this action (including the citizenship of each and every member of any LLC or limited partnership). If, by that date, Plaintiff does not file an amended complaint actually establishing this Court’s subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. SO ORDERED. Dated: April 19, 2021 New York, New York ESSE RMAN ited States District Judge