Insured Advocacy Group, LLC v. Tree Guardian USA, LLC

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : INSURED ADVOCACY GROUP, LLC, : : Plaintiff, : : 24-CV-1130 (JMF) -v- : : ORDER TREE GUARDIAN USA, LLC et al., : : Defendants. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: On February 21, 2024, the Court ordered that Plaintiff file an amended Complaint adequately alleging the citizenship — for purposes of determining whether subject matter jurisdiction is proper — of each constituent person or entity comprising Schroder FOCUS II Holdings, L.P., the limited partnership that owns the membership interests of the Plaintiff limited liability company. See ECF No. 8. Plaintiff timely filed an Amended Complaint, and now alleges that “[t]he limited partner of FOCUS is Schroder FOCUS II Master B, L.P. (“Focus Master”), which is a citizen of the State of Delaware.” ECF No. 9 (“Am. Compl.”), ¶ 3. But Plaintiff fails to allege the citizenship of each constituent person or entity comprising that limited partnership. Plaintiff alleges only that “FOCUS Master is not domiciled in or a citizen of the State of Louisiana” and that “[n]one of the individuals who directly or indirectly are partners of FOCUS Master (or FOCUS) are domiciled in or are citizens of the State of Louisiana.” Id. As the Court previously explained, however, “[i]t is not enough to allege, in conclusory fashion, that none of a [LP’s partners or owners] are citizens of the same state as [the opposing party].” ECF No. 8 (quoting Flemming v. Port Auth. of New York & New Jersey, No. 21-CV-1112 (BMC), 2021 WL 878558, at *1 (E.D.N.Y. Mar. 9, 2021)).

Having given Plaintiff one opportunity to cure the problem, the Court would be on firm ground dismissing the case for failure to properly allege subject-matter jurisdiction, but it will give it one more opportunity to amend its Complaint to adequately allege citizenship no later than March 1, 2024. If Plaintiff either does not file an amended Complaint by that date or again fails to adequately allege citizenship, the Court will dismiss this action for lack of subject matter jurisdiction without further notice. Additionally, pursuant to Rule 1(B) of this Court’s Individual Rules and Practices in Civil Cases, Plaintiff shall file alongside any amended Complaint a redline showing all differences between the original and revised filing.

SO ORDERED.

Dated: February 27, 2024 New York, New York SSE RMAN ited States District Judge