Kenneth Guerriero, Ellen Feinstein, and Allen Cino on behalf of themselves and all others similarly situated v. BB OpCo, LLC, a Delaware limited liability company, and Does 1-50, inclusive

S.D. New York

Kenneth Guerriero, Ellen Feinstein, and Allen Cino on behalf of themselves and all others similarly situated v. BB OpCo, LLC, a Delaware limited liability company, and Does 1-50, inclusive

District Court, S.D. New York·Decided March 16, 2026·No. 1:24-cv-08778·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x KENNETH GUERRIERO, ELLEN FEINSTEIN, and ALLEN CINO on behalf of themselves and all others similarly situated, Plaintiffs,

24-cv-8778 (PKC)

-against- ORDER

BB OPCO, LLC, a Delaware limited liability company, and DOES 1-50, inclusive,

Defendants. -----------------------------------------------------------x

CASTEL, Senior District Judge While only minimal diversity is required under section 1332(d)(2) of Title 28, the Second Amended Complaint alleges neither the citizenship of the named plaintiffs nor the citizenship of the members of the defendant LLC. By March 20, 2026, plaintiffs shall provide affidavits or declarations setting forth the citizenship, not mere residence, of each of the three remaining named plaintiffs. Also by March 20, a representative of BB OpCo, LLC shall file an affidavit or declaration setting forth the citizenship of each member of the LLC. For example, if any member of the LLC is a corporate entity, BB OpCo must set forth the state of incorporation and principal place of business of the member. See Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 615 (2d Cir. 2019). SO ORDERED. ZZ Pees United States District Judge Dated: New York, New York March 16, 2026

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x KENNETH GUERRIERO, ELLEN FEINSTEIN, and ALLEN CINO on behalf of themselves and all others similarly situated, Plaintiffs,

24-cv-8778 (PKC)

-against- ORDER

BB OPCO, LLC, a Delaware limited liability company, and DOES 1-50, inclusive,

Defendants. -----------------------------------------------------------x

CASTEL, Senior District Judge While only minimal diversity is required under section 1332(d)(2) of Title 28, the Second Amended Complaint alleges neither the citizenship of the named plaintiffs nor the citizenship of the members of the defendant LLC. By March 20, 2026, plaintiffs shall provide affidavits or declarations setting forth the citizenship, not mere residence, of each of the three remaining named plaintiffs. Also by March 20, a representative of BB OpCo, LLC shall file an affidavit or declaration setting forth the citizenship of each member of the LLC. For example, if any member of the LLC is a corporate entity, BB OpCo must set forth the state of incorporation and principal place of business of the member. See Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 615 (2d Cir. 2019). SO ORDERED. ZZ Pees United States District Judge Dated: New York, New York March 16, 2026

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Kenneth Guerriero, Ellen Feinstein, and Allen Cino on behalf of themselves and all others similarly situated v. BB OpCo, LLC, a Delaware limited liability company, and Does 1-50, inclusive, (S.D.N.Y. 2026).

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Kenneth Guerriero, Ellen Feinstein, and Allen Cino on behalf of themselves and all others similarly situated v. BB OpCo, LLC, a Delaware limited liability company, and Does 1-50, inclusive (Kenneth Guerriero, Ellen Feinstein, and Allen Cino on behalf of themselves and all others similarly situated v. BB OpCo, LLC, a Delaware limited liability company, and Does 1-50, inclusive) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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