Garnere v. Medline Industries, L.P.

District Court, S.D. New York

Garnere v. Medline Industries, L.P.

Trial Court Opinion

UNITED STATES DISTRICT COURT [OURS ALIA SOUTHERN DISTRICT OF NEW YORK (IE ence ee ee a ee eo eo KK ‘ Re “2 2% / Zov3 NATHAN GARNERE, individually and on □ behalf of all others similarly situated, Plaintiff, ORDER 23 CV 1592 (VB) MEDLINE INDUSTRIES, L.P., Defendant. : tw a eee 8 et a iS Plaintiff brings this action invoking subject matter jurisdiction under the Class Action Fairness Act,

28 U.S.C. § 1332

(d). To invoke subject matter jurisdiction under

28 U.S.C. § 1332

(d), a plaintiff must show “any member of [the] class of plaintiffs is a citizen of a State different from any defendant.” 28 U.S.C. 1332(d)(2)(A). A limited partnership has the citizenship of each of its general and limited partners. Handelsman v. Bedford Vill. Assocs. Ltd. P’ship,

213 F.3d 48

, 51-52 (2d Cir. 2000). Here, the complaint alleges defendant is “an Illinois limited partnership with a principal place of business in Northfield, Ilinois.” (Doc. #1 § 10). However, state of formation and principal place of business are irrelevant to the citizenship of a limited partnership, and the complaint does not identify the citizenship of each of defendant’s general and limited partners. Accordingly, by March 7, 2023, plaintiff shall submit a letter clarifying defendant’s citizenship so the Court can determine whether there is the requisite diversity in this case. Dated: February 28, 2023 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Reference

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