Saidnia v. Nimbus Mining LLC

S.D. New York

Saidnia v. Nimbus Mining LLC

DecidedOctober 1, 2021

Docket1:21-cv-07792

StatusUnknown

This text of Saidnia v. Nimbus Mining LLC (Saidnia v. Nimbus Mining 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.

Bluebook

Saidnia v. Nimbus Mining LLC, (S.D.N.Y. 2021).

Pincite

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . ---------------------------------------------------------.X Bh. □ 7 ET] 10/1/2021 TIFFANY SAIDNIA, DATE FILED: __ Plaintiff, : : 21-cv-7792 (VSB) -against- : : ORDER NIMBUS MINING LLC, et al., : Defendants. :

wane eK VERNON S. BRODERICK, United States District Judge: Plaintiff alleges that I have subject matter jurisdiction over this breach of contract action on the basis of diversity because “Plaintiff, a citizen of California, is suing individuals and entities, none of which are citizens of California, and the amount in controversy is more than $75,000.” (Doc. 1 § 19.) This action, however, involves a limited liability company (“LLC”). (See id. § 14.) “A limited liability company takes the citizenship of its members.” Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 322 (S.D.N.Y. 2016) (collecting cases). “A complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a 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.” Jd. (citation omitted). Plaintiff states only that “Defendant Nimbus Mining LLC is a Delaware Limited Liability Company with its principal offices at 324 East 11th Street, Suite 1640, Kansas City, Missouri 64106.” (Doc. 1 § 14.) Plaintiff does not allege the citizenship of the LLC’s members or indicate whether the members are natural persons or corporate entities. “Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate

courts.” 28 U.S.C. § 1653. Accordingly, it is hereby: ORDERED that by on or before October 7, 2021, Plaintiff shall file affidavits or an amended complaint adequately establishing the existence of subject-matter jurisdiction, or the action may be dismissed without further notice, for lack of jurisdiction. SO ORDERED. Dated: October 1, 2021 New York, New York WV Vernon S. Broderick United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . ---------------------------------------------------------.X Bh. □ 7 ET] 10/1/2021 TIFFANY SAIDNIA, DATE FILED: __ Plaintiff, : : 21-cv-7792 (VSB) -against- : : ORDER NIMBUS MINING LLC, et al., : Defendants. :

wane eK VERNON S. BRODERICK, United States District Judge: Plaintiff alleges that I have subject matter jurisdiction over this breach of contract action on the basis of diversity because “Plaintiff, a citizen of California, is suing individuals and entities, none of which are citizens of California, and the amount in controversy is more than $75,000.” (Doc. 1 § 19.) This action, however, involves a limited liability company (“LLC”). (See id. § 14.) “A limited liability company takes the citizenship of its members.” Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 322 (S.D.N.Y. 2016) (collecting cases). “A complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of a 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.” Jd. (citation omitted). Plaintiff states only that “Defendant Nimbus Mining LLC is a Delaware Limited Liability Company with its principal offices at 324 East 11th Street, Suite 1640, Kansas City, Missouri 64106.” (Doc. 1 § 14.) Plaintiff does not allege the citizenship of the LLC’s members or indicate whether the members are natural persons or corporate entities. “Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate

courts.” 28 U.S.C. § 1653. Accordingly, it is hereby: ORDERED that by on or before October 7, 2021, Plaintiff shall file affidavits or an amended complaint adequately establishing the existence of subject-matter jurisdiction, or the action may be dismissed without further notice, for lack of jurisdiction. SO ORDERED. Dated: October 1, 2021 New York, New York WV Vernon S. Broderick United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

Saidnia v. Nimbus Mining LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saidnia-v-nimbus-mining-llc-nysd-2021.

Opinion

Related

Cite This Page — Counsel Stack