Sherwin K. Parikh MD, P.C. d/b/a Tribeca Skin Center, Dillon Music, and Safe Life Defense, LLC on behalf of themselves and all others similarly situated v. Accessibe, Inc. and John Does 1-5

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x SHERWIN K. PARIKH MD, P.C. d/b/a TRIBECA SKIN CENTER, DILLON MUSIC, and SAFE LIFE DEFENSE, LLC on behalf of themselves and all others similarly situated, Plaintiffs,

24-cv-4848 (PKC)

-against- ORDER

ACCESSIBE, INC. and JOHN DOES 1-5,

Defendants. -----------------------------------------------------------x

CASTEL, Senior District Judge

While only minimal diversity is required under section 1332(d)(2) of Title 28, the Second Amended Complaint fails to allege the citizenship of any of the named parties. Plaintiff Sherwin K. Parikh, MD, P.C. is alleged to be a “professional corporation[,]” and plaintiff Dillon Music is alleged to be an “S. Corporation[.]” (Compl’t ¶¶ 11-12.) The Second Amended Complaint, however, does not allege their respective principal places of business, nor the states in which they have been incorporated.1 See Washington 0F National Insurance Co. v. OBEX Group LLC, 958 F.3d 126, 133 (2d Cir. 2020) (“[A] corporation is a citizen of the state in which it has its principal place of business and every state in which it has been incorporated.”).

1 The Second Amended Complaint appears to suggest that Sherwin K. Parikh is also a named plaintiff. (See Compl’t ¶ 11.) Plaintiffs shall clarify whether that is the case, and if so, the citizenship of Parikh. Further, plaintiff Safe Life Defense, as a “Limited Liability Company[,]” (Compl’t § 13), must allege the citizenship of natural persons who are members of the limited liability company as well as the place of incorporation and principal place of business of any corporate entities that are members of the limited liability company. See Platinum-Montaur Life Sciences, LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 615 (2d Cir. 2019). Finally, defendant accessiBe is described only as a “company” registered in Delaware with operations in New York. (Compl’t § 14.) That is insufficient for the purpose of establishing jurisdiction. By March 25, 2026, plaintiffs shall provide affidavits or declarations setting forth the citizenship of each of the three named plaintiffs, including the basis for citizenship. Also by March 25, a representative of accessiBe shall file an affidavit or declaration setting forth its citizenship, and the basis for its citizenship.

SO ORDERED. ZA Fegoen ZZ Fees AL United States District Judge Dated: New York, New York March 20, 2026

-2-