Olshan Frome Wolosky LLP v. Pantheon Environmental, LLC

• Court: District Court, S.D. New York
• Decided: March 23, 2020
• Docket: 1:20-cv-02415
• Status: Unknown

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED OLSHAN FROME WOLOSKY LLP, DOC __________ DATE FILED: _ 3/23/2020 Plaintiff, -against- 20 Civ. 2415 (AT) PANTHEON ENVIRONMENTAL, LLC a/k/a ORDER PANTHEON ENVIRONMENTAL, INC., ALBERT McLELLAND, GENTRY BEACH, ELIZABETH SCHICK and ERIC SCHICK, Defendants. ANALISA TORRES, District Judge: Plaintiff, Olshan Frome Wolosky LLP (““Olshan’’), brings this action against Pantheon Environmental, LLC, a/k/a Pantheon Environmental, Inc. (“Pantheon”), Albert McLelland, Gentry Beach, Elizabeth Schick, and Eric Schick, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. Because Olshan is a limited liability partnership, the complaint must allege the citizenship of each of its general and limited partners for the purposes of diversity jurisdiction. See Handelsman vy. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-53 (2d Cir. 2000); Monitronics Funding LP y. Pinnacle Sec., LLC, No. 12 Civ. 1992, 2012 WL 967623 at *1 (S.D.N.Y. Mar. 21, 2012) (“A limited liability partnership has the citizenship of each of its general and limited partners for the purposes of diversity jurisdiction.”). Moreover, if Pantheon is indeed a limited liability company, then 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, 213 F.3d at 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, it is ORDERED that by April 3, 2020, Plaintiff shall amend its pleading to allege (1) the citizenship of each of its general and limited partners and (2) the citizenship of each of Pantheon’s constituent persons or entities. Failure to do so may result in dismissal of the complaint for lack of subject matter jurisdiction. SO ORDERED. Dated: March 23, 2020 New York, New York

ANALISA TORRES United States District Judge