BRIAN M. COGAN, District Judge.
This is a slip and fall action with jurisdiction purportedly based on diversity of citizenship. The accident occurred in New Jersey. Plaintiff's complaint did not allege facts showing that the Court had diversity jurisdiction. The Court issued an Order to Show Cause, pointing out the defects, since it has an obligation to examine its subject matter jurisdiction sua sponte.
I accept plaintiff's allegation that she is a citizen of New York. The defendants are The TJX Companies, Inc. ("TJX"), One Main Street Edgewater LLC ("One Main"), and 1 Park Edgewater LLC ("1 Park"). As to TJX, plaintiff alleges that it is a New Jersey Corporation with its principal place of business in New Jersey, and that it is a Massachusetts corporation with its principal place of business in Massachusetts, and that it is Delaware corporation with its principal place of business in Delaware. She also alleges that it is a "foreign corporation duly licensed to do business in" New Jersey, and that it transacts business in New Jersey.
As I pointed out to plaintiff in the Order to Show Cause, which she has apparently ignored, contradictory allegations cannot establish citizenship for purposes of invoking diversity. It cannot be that TJX is a corporation under the laws of three different states with its principal place of business in three different states. Because the allegations are contradictory, they allege no citizenship at all. As the Supreme Court held long ago in
It takes no major effort to ascertain the citizenship of a public corporation. There are readily available public records that every plaintiff's lawyer who wants to bring a diversity case must consult.
The jurisdictional allegations against One Main and One Park are equally defective for a different reason. The only jurisdictional allegation as to each of them is that they are "limited liability compan[ies] doing business in the State of New Jersey." This does not say anything about their citizenship. It is firmly established that the citizenship of a limited liability company is that of each of its members.
Unlike corporations, which have publicly filed records, it is often not easy to invoke diversity jurisdiction over a limited liability company or a limited partnership. State laws generally do not require disclosure of members of limited liability companies or limited partners of limited partnerships, and public records therefore often do not contain the type of ownership information that is required to allege diversity jurisdiction. This does not relieve a plaintiff of her burden to allege facts sufficient to show citizenship. It simply means that more research and inquiry must be performed, and in some cases, it will not be possible, consistent with Fed. R. Civ. P. 11, to make the necessary allegations to support diversity jurisdiction. Especially in a case like this, that is no real hardship; there is no reason that the New York Supreme Court — or the New Jersey Superior Court, where this accident happened — is not competent to adjudicate a slip and fall action.
Finally, although the Court is not dismissing on this basis, it is noteworthy that there may not be any basis for venue in this district, and even if there is, the action, if the Court had diversity jurisdiction, would likely be transferred to New Jersey. Plaintiff is apparently confusing state law, which allows venue where the plaintiff resides (
Plaintiff has had two chances to plead facts showing this Court's jurisdiction and has failed to do so. Accordingly, the case is dismissed for lack of subject matter jurisdiction, without prejudice to recommencement in a state court of competent jurisdiction.