McAuley v. The Honey Pot Company, LLC

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED NICOLE MCAULEY, on behalf of herself and DOC ________ all others similarly situated, DATE FILED: _ 3/9/2023 □□ Plaintiff, -against- 23 Civ. 1986 (AT) THE HONEY POT COMPANY, LLC, ORDER Defendant.

ANALISA TORRES, District Judge: Plaintiff brings this action against The Honey Pot Company, LLC, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. ECF No. 1411. If The Honey Pot Company, LLC is, indeed, a limited liability company, as its name would imply, then the complaint must allege the citizenship of natural persons who are members of the limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. By March 14, 2023, Plaintiff shall amend her pleading to allege the citizenship of each constituent person or entity. 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: March 9, 2023 New York, New York ANALISA TORRES United States District Judge