Glotser v. Boardwalk Regency, LLC

• Court: District Court, S.D. New York
• Decided: January 26, 2022
• Docket: 1:20-cv-02654
• Status: Unknown

Opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : ELENA GLOTSER, : : Plaintiff, : : 20 Civ. 2654 (JPC) (SLC) -v- : : ORDER BOARDWALK REGENCY LLC, : : Defendant. : : ---------------------------------------------------------------------- X

JOHN P. CRONAN, United States District Judge:

This action is before the Court under diversity jurisdiction pursuant to 28 U.S.C. § 1332. Dkt. 19 at 2. Diversity jurisdiction requires that “all of the adverse parties in a suit . . . be completely diverse with regard to citizenship.” E.R. Squibb & Sons, Inc. v. Accident & Cas. Ins. Co., 160 F.3d 925, 930 (2d Cir. 1998). For purposes of diversity jurisdiction, “a limited liability company . . . takes the citizenship of each of its members.” Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Accordingly, “[a] complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company.” New Millennium Capital Partners, III, LLC v. Juniper Grp. Inc., No. 10 Civ. 46 (PKC), 2010 1257325, at *1 (S.D.N.Y. Mar. 26, 2010) (citing Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-52 (2d Cir. 2000)). Here, the Amended Complaint alleges that Plaintiff “was and still is a resident of the County, City and State of New York.” Dkt. 31 ¶ 1. With respect to Defendant Boardwalk Regency LLC, the Amended Complaint alleges that Defendant: (1) “was and still is a domestic corporation formed under the laws of the State of New York,” id. ¶ 3; (2) “was and still is a foreign corporation authorized to do business in the State of New York,” id. J 4; and (3) “was and still is a foreign corporation authorized to do business in the State of New Jersey, id. § 5. The Amended Complaint, however, does not allege the citizenship of each of Defendant’s members. It is hereby ordered that the parties shall appear for a conference by telephone on January 31, 2022 at 11:30 a.m. At the conference, the parties shall be prepared to discuss the following: e The citizenship of each of Defendant’s members and whether the Court has subject matter jurisdiction over this action; e Whether venue is proper in the Southern District of New York pursuant to 28 U.S.C. § 1391, and if not, whether transfer of this action to another district may be appropriate; and e The applicable state law that should govern the parties’ dispute in this action. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. Dated: January 26, 2022 ) ay New York, New York JOHN P. CRONAN United States District Judge