Atlantis Worldwide LLC v. Expansion Medical, LLC
Atlantis Worldwide LLC v. Expansion Medical, LLC
Trial Court Opinion
USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED ATLANTIS WORLDWIDE LLC, DOC #: __ DATE FILED: _ 4/4/2022 Plaintiff, -against- 21 Civ. 8184 (AT) EXPANSION MEDICAL, LLC, ORDER Defendant. ANALISA TORRES, District Judge: Plaintiff, Atlantis Worldwide LLC, brings this action against Expansion Medical, LLC, invoking subject matter jurisdiction by reason of diversity of citizenship,
28 U.S.C. § 1332. If Atlantis Worldwide LLC and Expansion Medical, LLC are, indeed, limited liability companies, as their names would imply, then the complaint must allege the citizenship of natural persons who are members of the limited liability companies and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability companies. By April 15, 2022, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of the two companies. 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 Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the limited liability companies, then the complaint will be dismissed for lack of subject matter jurisdiction. The default hearing scheduled for April 7, 2022, is ADJOURNED sine die. By April 6, 2022, Plaintiff shall serve a copy of this Order on Defendant via hand-delivery or first-class mail and service by the Secretary of State.
N.Y. Business Corp. Law § 306. By April 7, 2022, Plaintiff shall file on the docket proof of service. SO ORDERED. Dated: April 4, 2022 New York, New York
ANALISA TORRES United States District Judge
Reference
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