UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK eee nee □□□□□□□□□□□□□□□□□□□□□□□□□□□ EMPIRE HOLDINGS AND INVESTMENTS, : LLC, : ORDER DISMISSING : COMPLAINT FOR LACK OF Plaintiff, : SUBJECT-MATTER -against- JURISDICTION KCC DESIGN BUILD, INC., d/b/a RCC DESIGN : 24 Civ. 4734 (AKH) + BUILD, : Defendant, : nmeen nn enewennentncne nsec □□□□□□□□□□□□□□□□□□□□□□□□□□□□ & ALVIN Kk. HELLERSTEIN, U.S.D.I.: Plaintiff Empire Holdings and Investments, LLC, a Florida limited liability corporation LLC”) sues Defendant KCC Design Build, Inc., a New York corporation, See Compl. at {9 11-12. The alleged jurisdictional basis is diversity of citizenship, pursuant to 28 U_S.C. § 1332. See Compl. at § 13. LLC are deemed to be citizens of all the states in which their constituents are citizens, See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship,

, 51 (2d Cir. 2000) see also Americold Realty Trust v. Conagra Foods, inc., 136 8. Ct. 1012, 1014 (2016) (While humans and corporations can assert their own citizenship. other entities take the citizenship of their members.”). Here, the Complaint has failed to identify each of the members of the underlying LLC and allege their respective citizenships. The Complaint is dismissed, with leave to replead an adequate basis of diverse citizenship no later than 2] days from the entry of this Order. SO ORDERED. bey a. Dated: December » 2024 / hone k C t is New York, Wew York ALVIN K. HELLERSTEIN United States District Judge