Absolute Resolutions Investments, LLC v. Citibank, N.A

• Court: District Court, S.D. New York
• Decided: January 19, 2022
• Docket: 1:22-cv-00335
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK renee remeeteueenn ni eter neni enna nearer ence ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, : : 22 Civ. 335 (PAE) Plamtiff, : : ORDER -v- : CITIBANK, N.A., □ Defendant. □

PAUL A. ENGELMAYER, District Judge: Plaintiff Absolute Resolutions Investments, LLC (“Absolute”) here invokes subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. If Absolute is, indeed, a limited liability company, as its name would imply, then its Complaint must allege (1) the citizenship of natural persons who are members of the limited liability company and (2) the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. By February 1, 2022, Absolute shall amend its pleading to allege the citizenship of each constituent person or entity of the LLC. See Handelsman vy, Bedford Village Associates Ltd. Partnership, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove Bartolotia, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) (“For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members.”). If Absolute is unable to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then its Complaint will be dismissed without prejudice for lack of subject matter jurisdiction. See Curley v. Brignoli, Curley & Roberts Assoc., 915 F.2d 81, 83 (2d Cir.

1990) “[SJubject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power.”).

Paul A. Engelmayer United States District Judge Dated: January 19, 2022 New York, New York