National Surety Corporation v. The Travelers Indemnity Company of Connecticut

S.D. New York

National Surety Corporation v. The Travelers Indemnity Company of Connecticut

DecidedAugust 19, 2022

Docket1:22-cv-06623

StatusUnknown

This text of National Surety Corporation v. The Travelers Indemnity Company of Connecticut (National Surety Corporation v. The Travelers Indemnity Company of Connecticut) 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.

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National Surety Corporation v. The Travelers Indemnity Company of Connecticut, (S.D.N.Y. 2022).

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USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED NATIONAL SURETY CORPORATION, DOC # DATE FILED: _ 8/19/2022 Plaintiff, -against- 22 Civ. 6623 (AT) THE TRAVELERS INDEMNITY ORDER COMPANY OF CONNECTICUT, and NUSSLI (US), LLC, Defendants. ANALISA TORRES, District Judge: Plaintiff, the National Surety Corporation, brings this action against Defendants the Travelers Indemnity Company of Connecticut (“Travelers”) and Nussli (US), LLC (“Nusslv”), invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. Compl. ECF No. 1. Plaintiff pleads that it “is a corporation organized under the laws of the State of Delaware with its principal place of business and statutory home office in Illinois,” id. ¥ 6, that Travelers “is a corporation organized under the laws of the State of Connecticut, id. 4 7, and that Nussli is “a foreign limited liability company organized under the laws of the State of Indiana with its principal place of business in New York,” id. § 8. These allegations do not sufficiently allege that the Court has jurisdiction over this action. Because Nussli is a limited liability company, 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. 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.”’). Accordingly, by August 25, 2022, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. 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 limited liability company, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: August 19, 2022 New York, New York ANALISA TORRES United States District Judge

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USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED NATIONAL SURETY CORPORATION, DOC # DATE FILED: _ 8/19/2022 Plaintiff, -against- 22 Civ. 6623 (AT) THE TRAVELERS INDEMNITY ORDER COMPANY OF CONNECTICUT, and NUSSLI (US), LLC, Defendants. ANALISA TORRES, District Judge: Plaintiff, the National Surety Corporation, brings this action against Defendants the Travelers Indemnity Company of Connecticut (“Travelers”) and Nussli (US), LLC (“Nusslv”), invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. Compl. ECF No. 1. Plaintiff pleads that it “is a corporation organized under the laws of the State of Delaware with its principal place of business and statutory home office in Illinois,” id. ¥ 6, that Travelers “is a corporation organized under the laws of the State of Connecticut, id. 4 7, and that Nussli is “a foreign limited liability company organized under the laws of the State of Indiana with its principal place of business in New York,” id. § 8. These allegations do not sufficiently allege that the Court has jurisdiction over this action. Because Nussli is a limited liability company, 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. 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.”’). Accordingly, by August 25, 2022, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. 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 limited liability company, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: August 19, 2022 New York, New York ANALISA TORRES United States District Judge

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National Surety Corporation v. The Travelers Indemnity Company of Connecticut, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-surety-corporation-v-the-travelers-indemnity-company-of-nysd-2022.

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