Gierczyk v. Olympus Peak Trade Claims Opportunities Fund I Non-ECI Master LP

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED ALEXANDER NIKOLAS GIERCZYK, DOC DATE FILED: _ 10/15/2024 __ Plaintiff, -against- 24 Civ. 7708 (AT) OLYMPUS PEAK TRADE CLAIMS ORDER OPPORTUNITIES FUND I NON-ECI MASTER LP, Defendant. ANALISA TORRES, District Judge: Plaintiff, Alexander Nikolas Gierczyk, brings this action invoking diversity subject matter jurisdiction under 28 U.S.C. § 1332. See ECF No. 149. If Defendant, Olympus Peak Trade Claims Opportunities Fund I Non-ECI Master LP, is a limited partnership, as its name would imply and the complaint alleges, then the complaint must allege the citizenship of each of its general and limited partners for the purposes of diversity jurisdiction. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-53 (2d Cir. 2000). Accordingly, by November 12, 2024, Plaintiff shall amend his pleading to allege the citizenship of each of Defendant’s general and limited partners. If Plaintiff fails to allege complete diversity based upon the citizenship of Defendant’s general and limited partners, the complaint shall be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: October 15, 2024 New York, New York

ANALISA TORRES United States District Judge