Demeter Investment Holdings v. J. Streicher Holdings, LLC

Opinion

UNITED STATES DISTRICT COURT DOC #: DATE FILED: 12/16 /2024 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X DEMETER INVESTMENT HOLDINGS, : : Plaintiff, : -against- : : 24-CV-9485 (VEC) : J.STREICHER HOLDINGS, LLC and J. : ORDER STREICHER & CO., L.L.C., : : Defendant. : -------------------------------------------------------------- : X VALERIE CAPRONI, United States District Judge: WHEREAS on December 12, 2024, Plaintiff filed a Complaint against Defendants J. Streicher Holdings, LLC and J. Streicher & Co., L.L.C.; Compl., Dkt. 1; WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is premised on diversity, id. ¶ 6; WHEREAS “a limited liability company has the citizenship of its members,” see Jean- Louis v. Carrington Mortg. Servs., LLC, 849 F. App’x 296, 298 (2d Cir. 2021); WHEREAS a complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of an LLC and the place of incorporation and principal place of business of any corporate entities that are members of the LLC (including the citizenship of any members of the LLC that are themselves LLCs), see Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51–52 (2d Cir. 2000); see also, e.g., In re Bank of Am. Corp. Sec., Derivatives, and ERISA Litig., 757 F. Supp. 2d 260, 334 n.17 (S.D.N.Y. 2010); WHEREAS the Complaint alleges that Defendant J. Streicher Holdings, LLC is a limited liability company that is incorporated under the laws of the State of Delaware and has a principal place of business in New York, see Compl. § 4; WHEREAS the Complaint alleges that Defendant J. Streicher & Co., L.L.C. is a limited liability company that is incorporated under the laws of the State of New York and has a principal place of business in New York, see id. ¥ 5; and WHEREAS the Complaint makes no allegations as to the citizenship of either Defendants’ members, see Compl. {| 4—5; IT IS HEREBY ORDERED that by no later than Monday, December 23, 2024, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. . ~ Vole oy Date: December 16, 2024 ~ VALERIE CAPRONI | New York, New York United States District Judge