Dynamic Enjoy Corporation v. Piccolo by Gambrinus, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------X : DYNAMIC ENJOY CORPORATION and : NADIA CHRISTOPOULOS, : : Plaintiffs, : 22-CV-9909 (VSB) : - against - : ORDER : PICCOLO BY GAMBRINUS, LLC, : ALEXANDER CESARIA VANDERBILT, : and CANDO CAPITAL, LLC, : : Defendants, : : ------------------------------------------------------ X

VERNON S. BRODERICK, United States District Judge:

On April 26, 2024, I held a telephonic conference in this case. In accordance with my comments made during the conference, it is hereby: ORDERED that by May 3, 2024, the parties file a joint letter containing a brief explanation of why jurisdiction and venue lie in this Court. “[A]llegations of residency alone cannot establish citizenship.” Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 102–03 (2d Cir. 1997); see, e.g., Clarke v. Fisher-Park Lane Owner LLC, 19-CV-6471, 2022 WL 1468432, at *3 (S.D.N.Y. May 10, 2022) (same); Hines v. Azoth Inv. SPC Ltd., 21-CV-10309, 2022 WL 683996, at *2 (S.D.N.Y. Mar. 8, 2022) (“On its face the complaint provides no information about the citizenship of any of the natural persons who are parties to this case.”). If any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. An LLC is a citizen of every state of which its members are citizens. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51–52 (2d Cir. 2000); Dumann Realty, LLC v. Faust, No. 09-cv-7651, 2013 WL 30672, at *2 (S.D.N.Y. Jan. 3, 2013) (recognizing that an LLC “is completely diverse from opposing parties only if a// of the members of the LLC are citizens of different states than all opposing parties”). Therefore, if any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity’s members, shareholders, partners and/or trustees. IT IS FURTHER ORDERED that by May 3, 2024 Defendants file a letter informing me whether they will seek leave to file a counterclaim. If so, Defendants are directed to attach a copy of the proposed pleading to the letter. IT IS FURTHER ORDERED that by May 8, 2024 Plaintiffs file a letter informing me whether they will object to Defendants’ counterclaim proposal. SO ORDERED. Dated: April 29, 2024 New York, New York Vernon S. Broderick United States District Judge