Volkswagen of America, Inc. v. GPB Capital Holdings, LLC, 20 Civ. 1043 (AT). (2020)
Court: District Court, S.D. New York
Number: infdco20200211f67
Visitors: 6
Filed: Feb. 10, 2020
Latest Update: Feb. 10, 2020
Summary: ORDER ANALISA TORRES , District Judge . Plaintiff brings this action against GPB Capital Holdings, LLC, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. 1332. Compl. 3. If Defendant is a limited liability company, as its name implies and the complaint alleges, id. 2, then the complaint must allege the citizenship of natural persons who are members of each limited liability company and the place of incorporation and principal place of business of
Summary: ORDER ANALISA TORRES , District Judge . Plaintiff brings this action against GPB Capital Holdings, LLC, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. 1332. Compl. 3. If Defendant is a limited liability company, as its name implies and the complaint alleges, id. 2, then the complaint must allege the citizenship of natural persons who are members of each limited liability company and the place of incorporation and principal place of business of ..
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ORDER
ANALISA TORRES, District Judge.
Plaintiff brings this action against GPB Capital Holdings, LLC, invoking subject matter jurisdiction by reason of diversity of citizenship, 28 U.S.C. § 1332. Compl. ¶ 3. If Defendant is a limited liability company, as its name implies and the complaint alleges, id. ¶ 2, then the complaint must allege the citizenship of natural persons who are members of each limited liability company and the place of incorporation and principal place of business of any corporate entities who are members of each limited liability company. By February 24, 2020, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of the LLC. 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 the complaint 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.
Source: Leagle
