Aries Fire Protection, Inc. v. Tutor Perini/Parsons Joint Venture, J.V.

• Court: District Court, S.D. New York
• Decided: July 23, 2021
• Docket: 1:21-cv-06252
• Status: Unknown

Opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : ARIES FIRE PROTECTION, INC., : : Plaintiff, : : -v- : 21-CV-6252 (JMF) : TUTOR PERINI/PARSONS JOINT VENTURE, J.V. et : ORDER al., : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

Plaintiff Aries Fire Protection, Inc. brings this action against Defendants Grimshaw Architects, P.C., STV Incorporated, Tutor Perini Corporation, Parsons Transportation Group, Inc., and Tutor Perini/Parsons, J.V., invoking the Court’s subject matter jurisdiction on the ground of diversity of citizenship. See 28 U.S.C. § 1332. Plaintiff alleges that “Aries and Tudor/Parsons, including its members, are citizens of different states.” See ECF No. 4 (“Complaint”) ¶ 7. It is well established that a corporation — including a professional corporation — “is deemed to be a citizen of both the state of its incorporation and the state where it has its principal place of business,” Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 59 (2d Cir. 2009) (emphases added) (citing 28 U.S.C. § 1332(c)), and that “the citizenship of a joint venture is the citizenship of each of its members,” Schiavone Const. Co. v. City of New York, 99 F.3d 546, 548 (2d Cir. 1996). Thus, a complaint premised upon diversity of citizenship must allege the state of incorporation and principal place of business of each party that is a corporation. In the present case, the Complaint fails to do so. In addition, it alleges that Defendant Tutor Perini/Parsons, J.V. is a joint venture “comprised of” the other Defendants, Complaint {| 6, but it is not clear whether Tutor Perini/Parsons, J.V. is comprised solely of these members and, if not, the citizenship of its other members. Accordingly, it is hereby ORDERED that, on or before August 6, 2021, Plaintiff shall amend its Complaint to allege the state of incorporation and principal place of business of each party that is a corporation, as well as each constituent person or entity comprising Defendant Tutor Perini/Parsons, J.V. and their states of citizenship. If, by that date, Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. SO ORDERED. Dated: July 23, 2021 New York, New York SSE M-FURMAN nited States District Judge