Kais Confections, Corp. v. Kai Pops, LLC

District Court, S.D. New York

Kais Confections, Corp. v. Kai Pops, LLC

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED KAI'S CONFECTIONS, CORP., DOC DATE FILED: _ 10/21/2024 __ Plaintiff, -against- 24 Civ. 8788 (AT) KAI POPS, LLC, ORDER Defendant. ANALISA TORRES, District Judge: Plaintiff, Kai’s Confections, Corp., brings this action invoking diversity subject matter jurisdiction under

28 U.S.C. § 1332

(a). See ECF No. 1910. If Defendant, Kai Pops, LLC, is a limited liability company, as its name implies and the complaint alleges, then the complaint must allege the citizenship of each of the natural persons, and the place of incorporation and principal place of business of any corporate entities, who are members of the limited liability company. See Handelsman y. Bedford Vill. Assocs. Ltd. P’ship,

213 F.3d 48

, 51-52 (2d Cir. 2000); see also Bayerische Landesbank, N.Y. Branch y. Aladdin Cap. Mgmt. LLC,

692 F.3d 42, 49

(2d Cir. 2012) (“[A] limited liability company . . . takes the citizenship of each of its members.”). Accordingly, by December 23, 2024, Plaintiff shall amend its complaint to allege the citizenship of each of Defendant’s members. If Plaintiff fails to allege complete diversity, the complaint shall be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: November 21, 2024 New York, New York

ANALISA TORRES United States District Judge

Reference

Status
Unknown