Travelers Casualty and Surety Company of America v. Duncan Interiors, Inc.

• Court: District Court, S.D. New York
• Decided: December 16, 2022
• Docket: 1:22-cv-10562
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DOCU ENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DATE FILED: _ 12/16/2022 Plaintiff, -against- 22 Civ. 10562 (AT) DUNCAN INTERIORS, INC., DUNCAN PARTNERS ORDER LLC, DEBRA A. SPYCHALSKY and JOHN DOES 1-3, Defendants. ANALISA TORRES, District Judge: Plaintiff brings this action against Duncan Interiors, Inc., Duncan Partners LLC, Debra A. Spychalsky, and John Does 1-3, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. ECF No. 1 §6. If Duncan Partners LLC is, indeed, a limited liability company, as its name would imply, 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. By December 23, 2022, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 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.”). If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Dated: December 16, 2022 New York, New York

ANALISA TORRES United States District Judge