Miller v. 416 Rogers Avenue LLC et al

Filing 6

ORDER: Accordingly, by December 8, 2023, Plaintiff shall amend her pleading to allege the citizenship of each constituent person or entity of Defendant 416 Rogers Avenue LLC. If Plaintiff fails to amend by the foregoing date to truthfully allege com plete 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. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). SO ORDERED. ( Amended Pleadings due by 12/8/2023.) (Signed by Judge Analisa Torres on 11/15/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EVELYN RUBINA FRASER MILLER,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 11/15/2023

Plaintiff,
-against416 ROGERS AVENUE LLC and CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC.,

23 Civ. 9874 (AT)
ORDER

Defendants.
ANALISA TORRES, District Judge:
Plaintiff brings this action against Defendants 416 Rogers Avenue LLC and Consolidated
Edison Company of New York, invoking subject matter jurisdiction by reason of diversity of
citizenship, 28 U.S.C. § 1332. Plaintiff alleges that Defendant 416 Rogers Avenue LLC is a
limited liability company. Accordingly, the complaint must allege the citizenship of natural
persons who are members of the limited liability company and the place of incorporation and
principal place of business of any corporate entities who are members of the limited liability
company. See Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-52 (2d Cir.
2000) (citation omitted).
Plaintiff alleges that she is a citizen of Spain, Compl. ¶ 1, ECF No. 1, and that “no
member of 416 Rogers LLC is a citizen of Spain,” id. ¶ 3. This allegation is insufficient to
establish diversity because it does not exclude the possibility that a member of 416 Rogers LLC
is a United States citizen domiciled abroad or is a foreign citizen, both of which would defeat
diversity. See Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828–29 (1989) (holding
that the “stateless” status of a United States citizen “destroy[s] complete diversity”); Bayreische
Landesbank, N.Y. Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012)
(“[D]iversity is lacking . . . where on one side there are citizens and [noncitizens] and on the
opposite side there are only [noncitizens].”); id. (“[A] limited liability company . . . takes the
citizenship of each of its members.”).
Accordingly, by December 8, 2023, Plaintiff shall amend her pleading to allege the
citizenship of each constituent person or entity of Defendant 416 Rogers Avenue LLC. If
Plaintiff fails to amend 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. See Fed. R. Civ. P. 12(h)(3) (“If the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the
action.”).
SO ORDERED.
Dated: November 15, 2023
New York, New York