Hubel v. Drive Chassis Topco Parent, L.P.
This text of Hubel v. Drive Chassis Topco Parent, L.P. (Hubel v. Drive Chassis Topco Parent, L.P.) 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.
Opinion
UNITED STATES DISTRICT COURT DATE FILED: 12/06/2 022 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X DUANE HUBEL, : : : Plaintiff, : -against- : 22-CV-10285 (VEC) : : ORDER DRIVE CHASSIS TOPCO PARENT, L.P., : : : : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on December 5, 2022, Plaintiff filed a Complaint against Drive Chassis Topco Parent, L.P., see Compl., Dkt. 1; WHEREAS Plaintiff alleges that this Court’s subject matter jurisdiction in this matter is premised on diversity, id. ¶ 15; WHEREAS for purposes of diversity jurisdiction, “a limited partnership has the citizenship of each of its general and limited partners,” Caren v. Collins, 689 F. App’x 75, 76 (2d Cir. 2017) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195–96 (1990)); and WHEREAS an action premised upon diversity of citizenship in which a limited partnership is a party must allege the citizenship of natural persons who are members of the limited partnership and the place of incorporation and principal place of business of any corporate entities that are members of the limited partnership, see Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48, 51–52 (2d Cir. 2000) (citation omitted); see also Sumner v. Marriott Int’l, Inc., No. 21-CV-6711 (PKC), 2021 WL 3542805, at *1 (S.D.N.Y. Aug. 11, 2021); WHEREAS the Complaint alleges that Defendant “is a Delaware Limited Partnership formed under the laws of Delaware and headquartered in the State of New York,” Compl. § 12; and WHEREAS the Complaint makes no allegations as to the citizenship of Defendant’s partners; IT IS HEREBY ORDERED that not later than Tuesday, December 13, 2022, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. \ ene (c Date: December 6, 2022 VALERIE one New York, New York United States District Judge
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