Series 2020A of Nahla Capital LLC v. Brody

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ee ee eee ee een ene enna □□□□□□□□□□□□□□□□□□□□□□□□□ K SERIES 2020A OF NAHLA CAPITAL LLC, : 22 Civ. 7122 (PAE) Plaintiff, : ORDER : ALYSSA SOTO BRODY, : Defendant.

PAUL A. ENGELMAYER, District Judge: On March 29, 2023, the Court received a declaration and accompanying exhibit from plaintiff Series 2020A of Nahla Capital LLC (“Series 20204”), responding to the Court’s March 28, 2023 Order seeking information regarding plaintiff's citizenship for the purposes of assessing diversity jurisdiction in this matter. The Court, based on a review of Series 2020A’s declaration and organizational chart, appears to lack diversity jurisdiction over this matter insofar as Series 2020A is properly considered a citizen of Florida, and defendant Alyssa Soto Brody (“Brody”), is also a citizen of Florida. No other basis for subject matter jurisdiction has been identified. “[S]ubject matter jurisdiction is an unwaivable sine gua non for the exercise of federal judicial power.” Curley v. Brignoli, Curley & Roberts Assocs., 915 F.2d 81, 83 (2d Cir. 1990). Accordingly, the Court is prepared to remand this matter to New York state court. Brody is ordered to file a letter by March 31, 2023, indicating whether it objects to remand, and if so, concretely and with substantiation, setting forth the basis on which this Court has subject-matter jurisdiction in this case.

SO ORDERED.

Paul A. Engelmayer United States District Judge

Dated: March 30, 2023 New York, New York