JONES et al v. HESP SOLAR et al

Filing 6

LETTER OPINION and ORDER. Plaintiffs are hereby notified that they will have until 10/26/2020 to cure this deficiency by filing a Second Amended Complaint. etc. Signed by Judge Stanley R. Chesler on 10/15/2020. (dam)

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Case 2:20-cv-13056-SRC-CLW Document 6 Filed 10/15/20 Page 1 of 2 PageID: 38 DISTRICT OF NEW JERSEY UNITED STATES DISTRICT COURT CHAMBERS OF STANLEY R. CHESLER JUDGE SENATOR FRANK R. LAUTENBERG BUILDING UNITED STATES COURTHOUSE AND POST OFFICE NEWARK, N.J. 07101-0999 (973) 645-3136 LETTER OPINION AND ORDER October 15, 2020 Travis B. Martindale-Jarvis, Esq. Law Office of Swartz Swidler, LLC 1101 Kings Highway North, Suite 402 Cherry Hill, New Jersey 08034 Re: Ralph Jones and Philip Pietrafeso v. Hesp Solar, et al. Civil Action No. 20-13056 Dear Counsel: The Court has received your letter dated October 13, 2020 responding to the Court’s September 24, 2020 Order to Show Cause, as well as Plaintiffs’ First Amended Complaint. Based on the information provided in the Amended Complaint, the Court currently remains unsatisfied that federal subject matter jurisdiction exists under 28 U.S.C. § 1332. To assert diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed $75,000, exclusive of interest and costs, and there must be complete diversity. For complete diversity to exist, all plaintiffs must be citizens of a different state or states than all defendants. Strawbridge v. Curtiss, 3 Cranch 267, 2 L.Ed. 435 (1806). While the Amended Complaint properly pleads the citizenship of Plaintiffs and Defendant Grohman, it lacks information regarding the citizenship of the members of Defendant Hesp Solar, a limited liability company. Under Zambelli Fireworks Mfg. Co., Inc. v. Wood, 592 F.3d 412, 420 (3d Cir. 2010), the Third Circuit explained that, for the purposes of diversity jurisdiction, the citizenship of a limited liability company includes the citizenship of all its members. As such, to properly plead diversity jurisdiction, Plaintiffs’ Amended Complaint must allege that none of the members of Defendant Hesp Solar are citizens of the same state as Plaintiffs. Plaintiffs are hereby notified that they will have until October 26, 2020 to cure this deficiency by filing a Second Amended Complaint with the requisite information. It is hereby ORDERED that if such Amended Complaint fails to cure the deficiency, the case is to be dismissed. Very truly yours, s/ Stanley R. Chesler STANLEY R. CHESLER United States District Judge 1 Case 2:20-cv-13056-SRC-CLW Document 6 Filed 10/15/20 Page 2 of 2 PageID: 39 cc: Clerk All parties 2

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