Virgin Scent, Inc. v. Sandler and Travis, P.A., P.C.

Opinion

UNITED STATES DISTRICT COURT DATE FILED: 03/23/ 2023 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X VIRGIN SCENT, INC., doing business as : ARTNATURALS, : : Plaintiff, : -against- : 23-CV-2440 (VEC) : : ORDER SANDLER AND TRAVIS, P.A., P.C. AND DOES : 1–10, : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on March 22, 2023, Plaintiff filed a Complaint against Sandler and Travis, P.A., P.C. (“Sandler and Travis”) and Does 1–10; Compl., Dkt. 1; WHEREAS Plaintiff alleges that the Court’s subject-matter jurisdiction is premised on diversity, 28 U.S.C. § 1332(a)(2), id. ¶ 17; WHEREAS the citizenship of a corporation for diversity purposes is determined by the corporation’s place of incorporation and principal place of business, see In re Balfour MacLaine Int’l Ltd., 85 F.3d 68, 76 (2d Cir. 1996); WHEREAS the citizenship of an unincorporated association for diversity purposes is determined by “the citizenship of each and every member of that association,” Jaser v. N.Y. Prop. Ins. Underwriting Ass’n, 815 F.2d 240, 242 (2d Cir. 1987); see also Americold Realty Trust v. Conagara Foods, Inc., 577 U.S. 378, 381 (2016); WHEREAS Plaintiff must affirmatively plead facts establishing each party’s citizenship, including the citizenship of any unincorporated party’s members or partners, see Prospect Funding Holdings, LLC v. Fennell, No. 15-CV-4176 (LLS), 2015 WL 4477120, at *1—2 (S.D.N.Y. July 15, 2015) (collecting cases); WHEREAS Plaintiff alleges that Sandler and Travis is a “professional association and law firm” organized under the laws of Florida with a principal place of business in New York and with partners residing in, “among other places,” New York, Compl. § 14; and WHEREAS the case caption in the Complaint identifies Sandler and Travis both as a “professional association” and as a “professional corporation” but the Complaint does not clearly allege whether, for purposes of diversity jurisdiction, Sandler and Travis is an association or a corporation, id. at 1; IT IS HEREBY ORDERED that not later than Thursday, March 30, 2023, Plaintiff must file a memorandum of law explaining the basis for its contention that the Court has subject- matter jurisdiction based on diversity. SO ORDERED. . “ Vedi oe Date: March 23, 2023 VALERIE CAPRONI New York, New York United States District Judge