NY Stone Manhattan, LLC v. Cowan Logistics, LLC

S.D. New York

NY Stone Manhattan, LLC v. Cowan Logistics, LLC

DecidedFebruary 14, 2023

Docket1:23-cv-01159

StatusUnknown

This text of NY Stone Manhattan, LLC v. Cowan Logistics, LLC (NY Stone Manhattan, LLC v. Cowan Logistics, LLC) 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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NY Stone Manhattan, LLC v. Cowan Logistics, LLC, (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

NY STONE MANHATTAN, LLC, Plaintiff, 1:23-cv-01159 (JLR) -against- ORDER COWAN LOGISTICS, LLC, Defendant.

JENNIFER L. ROCHON, United States District Judge: Plaintiff filed its Complaint on February 13, 2023. See ECF No. 5. The Complaint alleges subject matter jurisdiction based on diversity of citizenship. Id. ¶ 1. It alleges that Plaintiff is a limited liability corporation and that one of Plaintiff’s two members is “NL Cohen Acquisition, a Delaware corporation.” Id. ¶¶ 3-4. The Complaint alleges that Defendant is a “foreign limited liability corporation” incorporated in Maryland with a principal place of business in Maryland. Id. ¶ 5. Plaintiff has not filed a disclosure statement pursuant to Federal Rule of Civil Procedure (“Rule”) 7.1. “For diversity purposes, a corporation is deemed to be a citizen both of the state in which it has its principal place of business and of any state in which it is incorporated.” Universal Licensing Corp. v. Paola del Lungo S.p.A., 293 F.3d 579, 581 (2d Cir. 2002) (citing 28 U.S.C. § 1332(c)(1)). A limited liability company is deemed to be a citizen of each state of which its members are citizens. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000). That means that, “if any of an LLC’s members are themselves non-corporate entities, then a plaintiff must allege the identity and citizenship of their members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC.” U.S. Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). Rule 7.1 requires that a party file a disclosure statement “with its first” appearance or pleading. Plaintiff has not satisfied these requirements here. Accordingly, Plaintiff shall, by February 21, 2023, file a completed Rule 7.1 Disclosure Statement, available here: https://www.nysd.uscourts.gov/forms/rule-71-statement, which shall include all necessary information to establish subject-matter jurisdiction based on diversity as set forth above. SO ORDERED. Dated: February 14, 2023 New York, New York

nited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

NY STONE MANHATTAN, LLC, Plaintiff, 1:23-cv-01159 (JLR) -against- ORDER COWAN LOGISTICS, LLC, Defendant.

JENNIFER L. ROCHON, United States District Judge: Plaintiff filed its Complaint on February 13, 2023. See ECF No. 5. The Complaint alleges subject matter jurisdiction based on diversity of citizenship. Id. ¶ 1. It alleges that Plaintiff is a limited liability corporation and that one of Plaintiff’s two members is “NL Cohen Acquisition, a Delaware corporation.” Id. ¶¶ 3-4. The Complaint alleges that Defendant is a “foreign limited liability corporation” incorporated in Maryland with a principal place of business in Maryland. Id. ¶ 5. Plaintiff has not filed a disclosure statement pursuant to Federal Rule of Civil Procedure (“Rule”) 7.1. “For diversity purposes, a corporation is deemed to be a citizen both of the state in which it has its principal place of business and of any state in which it is incorporated.” Universal Licensing Corp. v. Paola del Lungo S.p.A., 293 F.3d 579, 581 (2d Cir. 2002) (citing 28 U.S.C. § 1332(c)(1)). A limited liability company is deemed to be a citizen of each state of which its members are citizens. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000). That means that, “if any of an LLC’s members are themselves non-corporate entities, then a plaintiff must allege the identity and citizenship of their members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC.” U.S. Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). Rule 7.1 requires that a party file a disclosure statement “with its first” appearance or pleading. Plaintiff has not satisfied these requirements here. Accordingly, Plaintiff shall, by February 21, 2023, file a completed Rule 7.1 Disclosure Statement, available here: https://www.nysd.uscourts.gov/forms/rule-71-statement, which shall include all necessary information to establish subject-matter jurisdiction based on diversity as set forth above. SO ORDERED. Dated: February 14, 2023 New York, New York

nited States District Judge

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NY Stone Manhattan, LLC v. Cowan Logistics, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ny-stone-manhattan-llc-v-cowan-logistics-llc-nysd-2023.

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