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: _ 11/13/2024 __ Plaintiff, -against- 24 Civ. 7708 (AT) OLYMPUS PEAK TRADE CLAIMS ORDER OPPORTUNITIES FUND I NON-ECI OF DISMISSAL MASTER LP, Defendant. ANALISA TORRES, District Judge: On October 15, 2024, the Court ordered Plaintiff to amend his complaint to allege the citizenship of each of Defendant’s general and limited partners by November 11, 2024, as Plaintiff invokes subject matter jurisdiction by reason of diversity of citizenship. ECF No. 6 (citing Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-53 (2d Cir. 2000)); see also Leveraged Leasing Admin. Corp. v. PacifiCorp Cap., Inc., 87 F.3d 44, 47 (2d Cir. 1996) (“[D]iversity of citizenship ‘should be distinctly and positively averred in the pleadings, or should appear with equal distinctness in other parts of the record.’” (quoting Wolfe v. Hartford Life & Annuity Ins. Co., 148 U.S. 389, 389 (1893))). The Court’s October 15 order stated that “Tijf 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.” ECF No. 6. To date, Plaintiff has failed to amend the complaint. Accordingly, this action is DISMISSED, without prejudice, for failure to establish subject matter jurisdiction. The Clerk of Court is respectfully directed to close the case. SO ORDERED. Dated: November 13, 2024 New York, New York

ANALISA TORRES United States District Judge