UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALEXANDER BETHAM AND LYNN BETHAM, Plaintiffs, 23-cv-4681 (AS) (SDA) -against- ORDER OF DISMISSAL AVON PRODUCTS INC., et al., Defendants.

ARUN SUBRAMANIAN, United States District Judge: “(Subject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power.” Curley v. Brignoli, Curley & Roberts Assoc.,

, 83 (2d Cir. 1990). Consistent with that proposition, Rule 12(h)(3) of the Federal Rules of Civil Procedure provides that “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” In the present case, jurisdiction is premised on diversity of citizenship, pursuant to Title

. Section 1332, however, requires “complete” diversity of citizenship, and diversity “is not complete if any plaintiff is a citizen of the same state as any defendant.” St. Paul Fire & Marine Ins. Co. v. Universal Builders Supply,

(2d Cir. 2005) (emphasis added). Such is the case here, because the plaintiffs and at least three defendants are all citizens of foreign states. First Am. Compl. 9 5, 12, 17, 22. The Court therefore lacks subject matter jurisdiction over this action. Accordingly, the complaint is hereby DISMISSED without prejudice for lack of subject matter jurisdiction. Any pending motions are moot and any conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. Dated: September 12, 2023 New York, New York

ARUN SUBRAMANIAN United States District Judge