Wei v. Wang et al

Filing 8

ORDER OF DISMISSAL... The Amended Complaint is hereby DISMISSED without prejudice for lack of subject-matter jurisdiction. Any pending motions are moot and any conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/6/25) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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TIANYI WEI,
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Plaintiff,
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ERIK FANGSHEN WANG ET AL.,
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Defendants.
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25-CV-1567 (JMF)
ORDER OF DISMISSAL

JESSE M. FURMAN, United States District Judge:
“[S]ubject matter jurisdiction is an unwaivable sine qua non for the exercise of federal
judicial power.” Curley v. Brignoli, Curley & Roberts Assoc., 915 F.2d 81, 83 (2d Cir. 1990).
Consistent with that proposition, Rule 12(h)(3) of the Federal Rules of Civil Procedure provides
that “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must
dismiss the action.”
In the present case, jurisdiction is premised on diversity of citizenship, pursuant to Title
28, United States Code, Section 1332(a)(2). See ECF No. 5 (“Amended Compl.”), ¶¶ 31-32.
Section 1332(a)(2) provides in relevant part that diversity jurisdiction exists over civil actions
between “citizens of a State and citizens or subjects of a foreign state.” It is well-established that
“diversity is lacking within the meaning of [this section] . . . where on one side there are citizens
and aliens and on the opposite side there are only aliens.” Universal Licensing Corp. v. Paola
del Lungo S.p.A., 293 F.3d 579, 581 (2d Cir. 2002).
A review of the Amended Complaint reveals that such is the case here, as the sole
Plaintiff in the case and Defendant Canbo International Group, Ltd. are both citizens of foreign

states. See Amended Compl. ¶¶ 29, 32. On February 26, 2025, Plaintiff was expressly warned
that if she failed to file an amended complaint establishing this Court’s subject-matter
jurisdiction, then the Court would dismiss this case. ECF No. 4. Here, the Amended Complaint
fails to establish the Court’s subject-matter jurisdiction over this action.
Accordingly, the Amended Complaint is hereby DISMISSED without prejudice for lack
of subject-matter jurisdiction. Any pending motions are moot and any conferences are canceled.
The Clerk of Court is directed to close the case.
SO ORDERED.
Dated: March 6, 2025
New York, New York

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JESSE M. FURMAN
United States District Judge

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