Hobbs v. Knight-Swift Transportation Holdings, Inc.

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED TAVARES HOBBS, RICARDO BELL, and ROBERT DOC —________ SHAW, on behalf of themselves and all others similarly DATE FILED: __ 2/19/2021 __ situated, Plaintiffs, -against- 21 Civ. 1421 (AT) KNIGHT-SWIFT TRANSPORTATION HOLDINGS, ORDER INC., and SWIFT TRANSPORTATION CO. OF ARIZONA, LLC, Defendants. ANALISA TORRES, District Judge: Plaintiffs bring this action against Knight-Swift Transportation Holdings, Inc., and Swift Transportation Co. of Arizona, LLC, invoking subject matter jurisdiction by reason of the diversity of citizenship, 28 U.S.C. § 1332. If Swift Transportation Co. of Arizona, LLC is a limited liability company, then the complaint 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. By March 5, 2021, Plaintiffs shall amend its pleading 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.”). If Plaintiff 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 complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: February 19, 2021 New York, New York

ANALISA TORRES United States District Judge