Sima v. Nelson, Mullins, Riley & Scarborough LLP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X 6/6/24 AMANDA SIMA, : Plaintiff, : : -against- : : 24-CV-3909 (VEC) : NELSON, MULLINS, RILEY & : ORDER SCARBOROUGH LLP & ASHLEY SUMMER, : ESQ. : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on May 20, 2024, Plaintiff initiated this action, see Complaint, Dkt. 1; WHEREAS Plaintiff alleges that this Court has subject matter jurisdiction because the parties are diverse, id. ¶ 6; WHEREAS for a limited liability partnership (“LLP”), “citizenship depends on the citizenship of its partners: an LLP is treated as a citizen of every state of which its partners are citizens,” see Roche Cyrulnik Freedman LLP v. Cyrulnik, 582 F. Supp. 3d 180, 187 (S.D.N.Y. 2022) (citation omitted); WHEREAS a complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of an LLP and the place of incorporation and principal place of business of any corporate entities that are members of the LLP, see Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51–52 (2d Cir. 2000); see also, Milberg LLP v. HWB Alexandra Strategies Portfolio, No. 19-cv-4058, 2020 WL 3833827, at *2 (S.D.N.Y. July 8, 2020); WHEREAS the Complaint alleges that Defendant Nelson, Mullins, Riley & Scarborough LLP (“NMRS”) is a limited liability partnership with its headquarters in Columbia, South Carolina and with 33 offices nationwide, see Complaint ¶ 3; and WHEREAS the Complaint made no allegations as to the citizenship of the members of Defendant NMRS.

IT IS HEREBY ORDERED that by no later than Thursday, June 20, 2024, Plaintiff must file an Amended Complaint that adequately alleges that this Court has subject matter jurisdiction.

SO ORDERED. ________________________ Date: June 6, 2024 VALERIE CAPRONI New York, New York United States District Judge