Malcolm v. Azcona & Sons Transport LLC

• Court: District Court, S.D. New York
• Decided: May 18, 2020
• Docket: 1:20-cv-03786
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOY MALCOM, Plaintiff, ORDER –against – 20 Civ. 3786 (ER) AZCONA & SONS TRANSPORT LLC and PEDRO DELOSSANTOS-VENTU, Defendants. RAMOS, D.J.: Pis Court has an independent obligation to assure itself of its subject matter jurisdiction. See Bayerische Landesbank, New York Branch v. Aladdin Capital Mgt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). In a case brought under a federal court’s diversity jurisdiction, all parties must be completely diverse. 28 U.S.C. § 1332. Limited liability companies (“LLCs”) take the citizenship of their members. See Aladdin, 692 F.3d at 49. “Pe citizenship of the members of an LLC is traced all the way through — that is, when a member of an LLC is itself an LLC, the citizenship of the members of that LLC are relevant for diversity purposes, and so on.” Jakks P., Inc. v. Accasvek, LLC, 270 F. Supp. 3d 191, 195 (D.D.C. 2017) (citing Aladdin, 692 F.3d at 49 (2d Cir. 2012)), aff’d 727 F. App’x 704 (D.C. Cir. 2018). Pe defendants’ petition for removal, Doc. 1, invokes this Court’s diversity jurisdiction but does not allege the citizenship of the members of Azcona & Sons Transport LLC. Accordingly, the defendants are ordered to show cause why this Complaint should not be remanded sua sponte for lack of subject matter jurisdiction by June 1, 2020.

It is SO ORDERED.

Dated: May 18, 2020 > 7 ft New York, New York a \ Damen EDGARDO RAMOS, U.S.D.J.