Travelers Casualty and Surety Company of America v. Duncan Interiors, Inc.

UNITED STATES DISTRICT COURT DOCU ENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DOC # DATE FILED: _ 12/30/2022 Plaintiff, -against- 22 Civ. 10562 (AT) DUNCAN INTERIORS, INC., DUNCAN PARTNERS ORDER LLC, DEBRA A. SPYCHALSKY and JOHN DOES 1-3, Defendants.

ANALISA TORRES, District Judge: On December 16, 2022, the Court ordered Plaintiff to amend its pleading to allege the citizenship of each constituent person or entity of Duncan Partners LLC, by December 23, 2022.

ECF No. 3. The Court warmed that “[i]f 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 LLC, then the complaint will be dismissed for lack of subject matter jurisdiction.”

Id. That submission is overdue. Accordingly, by January 6, 2023, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of Duncan Partners LLC.

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 LLC, then the complaint will be dismissed for lack of subject matter jurisdiction.

SO ORDERED.

Dated: December 30, 2022 New York, New York ANALISA TORRES United States District Judge