ERC Specialists, LLC v. Fraud.net, Inc.

S.D. New York

ERC Specialists, LLC v. Fraud.net, Inc.

DecidedOctober 23, 2024

Docket1:24-cv-08044

StatusUnknown

This text of ERC Specialists, LLC v. Fraud.net, Inc. (ERC Specialists, LLC v. Fraud.net, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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ERC Specialists, LLC v. Fraud.net, Inc., (S.D.N.Y. 2024).

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UNITED STATES DISTRICT COURT E DL OE CC #T :R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/2 3/24 -------------------------------------------------------------- X ERC SPECIALISTS, LLC, : : Plaintiff, : -against- : : 24-cv-8044 (VEC) : FRAUD.NET, INC., : ORDER : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on October 23, 2024, Plaintiff filed its Complaint, Compl., Dkt. 1; WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is premised on diversity, id. ¶ 4; 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 Plaintiff ERC Specialists, LLC is a limited liability company that has its principal place of business in Orem, Utah, see Compl. ¶ 6; and WHEREAS the Complaint makes no allegations as to the place of Plaintiff’s incorporation; the place of incorporation and principal place of business of any corporate entities that are members of Plaintiff; or the citizenship of any natural persons who are members of Plaintiff, if any; IT IS HEREBY ORDERED that by no later than Monday, October 28, 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: October 23, 2024 VALERIE CAPRONI New York, New York United States District Judge

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UNITED STATES DISTRICT COURT E DL OE CC #T :R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/2 3/24 -------------------------------------------------------------- X ERC SPECIALISTS, LLC, : : Plaintiff, : -against- : : 24-cv-8044 (VEC) : FRAUD.NET, INC., : ORDER : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on October 23, 2024, Plaintiff filed its Complaint, Compl., Dkt. 1; WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is premised on diversity, id. ¶ 4; 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 Plaintiff ERC Specialists, LLC is a limited liability company that has its principal place of business in Orem, Utah, see Compl. ¶ 6; and WHEREAS the Complaint makes no allegations as to the place of Plaintiff’s incorporation; the place of incorporation and principal place of business of any corporate entities that are members of Plaintiff; or the citizenship of any natural persons who are members of Plaintiff, if any; IT IS HEREBY ORDERED that by no later than Monday, October 28, 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: October 23, 2024 VALERIE CAPRONI New York, New York United States District Judge

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ERC Specialists, LLC v. Fraud.net, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/erc-specialists-llc-v-fraudnet-inc-nysd-2024.

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