Intl Hanley, LLC v. Frangos Pioneiro Industriae Comercio de Alimentos Ltda
Filing 14
MEMORANDUM OPINION AND ORDER re: 10 MOTION for Default Judgment as to Defendant. INTL Hanley, LLC moves for a default judgment against Frangos Pioneiro Industriae Comercio de Alimentos LTDA in this diversity action. For the following reasons, the m otion is denied and the complaint is dismissed. A limited liability companys citizenship for diversity purposes is the citizenship of its members. Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 52-53 (2d Cir. 2000). The complaint does n ot contain sufficient allegations regarding either the plaintiff or defendant to establish diversity jurisdiction. I explained this deficiency to INTL Hanleys counsel at a conference on March 19, 2013. I instructed INTL Hanley that should it wish to make a motion for default judgment, it must submit information on the citizenship of the members of both parties. INTL Hanley failed to do so. Furthermore, counsel for INTL Hanley failed to appear on the return date for the default judgment motion, e ven though this return date was selected by counsel. Accordingly, INTL Hanleys motion for default judgment is denied. The complaint is dismissed for failure to establish subject matter jurisdiction. The clerk is directed to close the case. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 5/23/2013) (rsh)
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