UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

INIGO RUMAYOR, Plaintiff, 23 Civ, 9280 (PAE) -y- ORDER MASTERCARD INTERNATIONAL INC,

Defendant.

PAUL A. ENGELMAYER, District Judge: On October 20, 2023, plaintiff Ifigo Rumayor brought suit against defendant MasterCard International Inc. under this Court’s diversity jurisdiction. See

; Dkt. 1 at 1. In the Complaint, Rumayor describes himself as a current domiciliary of Mexico. The Court seeks clarification on whether Rumayor is a United States citizen. The Second Circuit has interpreted

{a) to state that “a suit by or against United States citizens domiciled abroad may not be premised on diversity.” Cresswell v. Sullivan & Cromwell,

(2d Cir. 1990). Accordingly, if Rumayor is a United States citizen who is domiciled in Mexico, the Court would lack diversity jurisdiction under

(a). The “Jurisdiction and Venue” section of the Complaint states that Rumayor is “a citizen of Mexico.” Dkt. 1 at 1. It is unclear whether this statement means that Rumayor is not a United States citizen. Accordingly, the Court directs a response from Rumayor on this point. SO ORDERED. A fp A fone — be ag Fo PAG roe GES yea ye PARA SNES PAUL A. ENGELMAYER United States District Judge Dated: October 27, 2023 New York, New York