HBC US Holdings LLC v. Everest Indemnity Insurance Company

S.D. New York

HBC US Holdings LLC v. Everest Indemnity Insurance Company

DecidedApril 6, 2023

Docket1:23-cv-02816

StatusUnknown

This text of HBC US Holdings LLC v. Everest Indemnity Insurance Company (HBC US Holdings LLC v. Everest Indemnity Insurance Company) 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.

Bluebook

HBC US Holdings LLC v. Everest Indemnity Insurance Company, (S.D.N.Y. 2023).

Pincite

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK NOCk FILED HBC US HOLDINGS LLC, —________ DATE FILED: _ 4/6/2023 Plaintiff, -against- 23 Civ. 2816 (AT) EVEREST INDEMNITY INSURANCE COMPANY, ORDER Defendant. ANALISA TORRES, District Judge: Defendant, Everest Indemnity Insurance Company, removed this action, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. ECF No. 1 § 23. If Plaintiff, HBC US Holdings LLC is, indeed, a limited liability company, as its name would imply, then the notice of removal must allege the citizenship of natural persons who are members of the 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. The notice of removal attaches Plaintiffs petition, which states that Plaintiff “is a New York corporation duly incorporated with its principal palace [sic] of business in New York.” ECF No. 1-193. By April 12, 2023, Defendant shall either confirm whether Plaintiff is a corporation or amend its notice of removal to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) (“For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members.”); see also 250 Lake Ave. Assocs., LLC y. Erie Ins. Co., 281 F. Supp. 3d 335, 341 (W.D.N.Y. 2017); Colon v. Nat’l Car Rental, No. 92 Civ. 8503, 1993 WL 227596, at *2 (S.D.N.Y. June 21, 1993). If Plaintiff is an LLC and Defendant fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the matter will be remanded for lack of subject matter jurisdiction. SO ORDERED. Dated: April 6, 2023 New York, New York

ANALISA TORRES United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK NOCk FILED HBC US HOLDINGS LLC, —________ DATE FILED: _ 4/6/2023 Plaintiff, -against- 23 Civ. 2816 (AT) EVEREST INDEMNITY INSURANCE COMPANY, ORDER Defendant. ANALISA TORRES, District Judge: Defendant, Everest Indemnity Insurance Company, removed this action, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. ECF No. 1 § 23. If Plaintiff, HBC US Holdings LLC is, indeed, a limited liability company, as its name would imply, then the notice of removal must allege the citizenship of natural persons who are members of the 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. The notice of removal attaches Plaintiffs petition, which states that Plaintiff “is a New York corporation duly incorporated with its principal palace [sic] of business in New York.” ECF No. 1-193. By April 12, 2023, Defendant shall either confirm whether Plaintiff is a corporation or amend its notice of removal to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) (“For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members.”); see also 250 Lake Ave. Assocs., LLC y. Erie Ins. Co., 281 F. Supp. 3d 335, 341 (W.D.N.Y. 2017); Colon v. Nat’l Car Rental, No. 92 Civ. 8503, 1993 WL 227596, at *2 (S.D.N.Y. June 21, 1993). If Plaintiff is an LLC and Defendant fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the matter will be remanded for lack of subject matter jurisdiction. SO ORDERED. Dated: April 6, 2023 New York, New York

ANALISA TORRES United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

HBC US Holdings LLC v. Everest Indemnity Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hbc-us-holdings-llc-v-everest-indemnity-insurance-company-nysd-2023.

Opinion

Related

Cite This Page — Counsel Stack