Garber Bros., Inc. v. Troilo et al

Filing 21

Judge Indira Talwani: ORDER entered. ORDER REGARDING SUBJECT MATTER JURISDICTION. Harold Levinson shall file by no later than May 21, 2015, a statement of its citizenship.See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
GARBER BROS., INC.,

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Plaintiff,
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v.
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LOUIS TROILO & HAROLD LEVINSON *
AND ASSOCIATES, LLC,
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Defendants.
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Civil Action No. 15-cv-10148-IT

ORDER REGARDING SUBJECT MATTER JURISDICTION
May 7, 2015
TALWANI, D.J.
Defendant Louis Troilo (“Troilo”) removed this case to federal court on the basis of
diversity jurisdiction. See Notice Removal [#1]. In his notice of removal, Troilo states that
Plaintiff is incorporated and has its principal place of business in Massachusetts while Troilo is a
citizen of New Jersey. Id. After removal, Plaintiff filed an amended complaint adding
Defendant Harold Levinson and Associates, LLC (“Harold Levinson”). See Am. Compl. [#6].
Plaintiff states that the court retains diversity jurisdiction over the amended complaint because
Harold Levinson “is a New York limited liability company with its principal place of business
. . . [in] Farmingdale, New York.” Id. ¶ 5.
Unlike a corporation, the citizenship of a limited liability company is based on the
citizenship of each of its members. See Pramco ex rel. CFSC Consortium v. San Juan Bay
Marina, 435 F.3d 51, 54-55 (1st Cir. 2006). Under this rule, the jurisdictional allegations in the
amended complaint are insufficient to show that the court would retain subject matter
jurisdiction over this case pursuant to 28 U.S.C. § 1332 even after Harold Levinson’s joinder.

Accordingly, Harold Levinson shall file by no later than May 21, 2015, a statement of its
citizenship.
IT IS SO ORDERED.
May 7, 2015

/s/ Indira Talwani
United States District Judge

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