GeekyAnts India Private Limited v. i.am.plus LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

GEEKYANTS INDIA PRIVATE LIMITED, : Plaintiff, : : 24-CV-1274 (AS) -V- : : ORDER I.AM.PLUS LLC, et al., : Defendants. :

ARUN SUBRAMANIAN, United States District Judge: On February 24, 2024, Plaintiff filed a Complaint in which it invoked the Court’s subject- matter jurisdiction pursuant to 28 U.S.C. § 1332. See ECF No. 3. But Plaintiff merely alleges R. Chandrasekar’s state of residence, not R. Chandrasekar’s state of citizenship. /d. This is not enough. For the purpose of diversity jurisdiction, “‘a statement of the parties’ residence is insufficient to establish their citizenship.” Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996); see also, e.g., Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998) (“For purposes of diversity jurisdiction, a party’s citizenship depends on his domicile.”); Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997) (“[A]llegations of residency alone cannot establish citizenship ... .”). Accordingly, no later than March 4, 2024, Plaintiff shall file an amended complaint properly alleging the citizenship of each party to this action. If, by that date, Plaintiff does not file an amended complaint establishing this Court’s subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party.

SO ORDERED. Dated: February 26, 2024 ( y New York, New York ARUN SUBRAMANIAN United States District Judge