Delaware Trust Company nj/k/a CSC Delaware Trust Company, as Trustee for the PT ATL SPV Grantor Trust v. Sherman Holdings USA LLC; Jacob Jacobowitz; Environmental Control Board of the City of New York; and “John Doe #1” through “John Doe #10,” the last ten names being fictitious and unknown to the plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest or lien upon the premises described in the complaint

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DELAWARE TRUST COMPANY nj/k/a CSC DOC # DELAWARE TRUST COMPANY, as Trustee for DATE FILED: _2/5/2026__ the PT ATL SPV GRANTOR TRUST, Plaintiff, -against- 26 Civ. 700 (AT) SHERMAN HOLDINGS USA LLC; JACOB ORDER JACOBOWITZ; ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK; and “JOHN DOE #1” through “JOHN DOE #10,” the last ten names being fictitious and unknown to the plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest or lien upon the premises described in the complaint, Defendants. ANALISA TORRES, District Judge: Delaware Trust Company (the “Trustee’’) has filed this action, acting on behalf of the PT ATL SPV Grantor Trust (the “Trust”), seeking foreclosure of a mortgage and other relief relating to two properties located in the Bronx, New York. See Compl. § 1, ECF No. 1. It is an established principle of law that a federal court has an independent obligation to ensure that it has subject matter jurisdiction in every action. See Poindexter v. Nash, 333 F.3d 372, 383 (2d Cir. 2003). The complaint asserts that this Court has subject matter jurisdiction under 28 U.S.C. § 1332(a), and appears to reference § 1332(a)(4), because it states that the action is “between a citizen or subject of a foreign state .. . as plaintiff, and citizens of a State.” Compl. 16. But because § 1332(a)(4) requires that the action be brought by “a foreign state,” and neither the Trustee nor the Trust appear to be a foreign state, diversity jurisdiction may only exist under 28 U.S.C. § 1332(a)(1), (a)(2), or (a)(3). See 28 U.S.C. § 1603(a) (defining “a foreign state”). The complaint states that Defendant Sherman Holdings USA, LLC (“Sherman”) is a New York limited liability company but does not list Sherman’s members and those members’ citizenships. Compl. §/ 7. This is insufficient. To establish diversity jurisdiction, a complaint must allege the citizenship of natural persons who are members of a limited liability company, and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51— 52 (2d Cir. 2000); see also Ergowerx Intern., LLC v. Maxwell Corp. of Am., 18 F. Supp. 3d 453, 454— 55 (S.D.N.Y. 2014) (holding that, for jurisdiction to exist under § 1332(a)(2), “there must still be complete diversity between the parties”); 28 U.S.C. § 1332(a)(3) (recognizing diversity where a suit

is between “citizens of different States and in which citizens or subjects of a foreign state are additional parties”). Accordingly, by February 20, 2026, the Trustee shall amend its pleading to allege the citizenship of each of Sherman’s members. If any member of Sherman ts a citizen of Delaware, the Trustee shall also submit, by that same date, a letter on the docket explaining the basis for this Court’s exercise of subject matter jurisdiction. See Rule II(C), Individual Practices in Civil Cases. SO ORDERED. Dated: February 5, 2026 New York, New York

ANALISA TORRES United States District Judge