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Beirne Wealth Consulting Servs. v. Englebert

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 23, 2020
19 Civ. 7936 (ER) (S.D.N.Y. Jan. 23, 2020)

Opinion

19 Civ. 7936 (ER)

01-23-2020

BEIRNE WEALTH CONSULTING SERVICES, LLC, Plaintiff/Counterclaim Defendant, v. CHRISTOPHER ENGLEBERT, JAMIE ENGLEBERT, and ENGLEBERT FINANCIAL ADVISERS, LLC, Defendants/Counterclaim Plaintiffs/Third-Party Plaintiffs, v. JOHN-OLIVER BEIRNE and ELIZABETH GARNTO, Tird-Party Defendants.


OPINION & ORDER :

This Court has an independent obligation to assure itself of its subject matter jurisdiction. See Bayerische Landesbank, New York Branch v. Aladdin Capital Mgt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). In a case brought under a federal court's diversity jurisdiction, all parties must be completely diverse. 28 U.S.C. § 1332. Limited liability companies ("LLCs") take the citizenship of their members. See Aladdin, 692 F.3d at 49. "The citizenship of the members of an LLC is traced all the way through — that is, when a member of an LLC is itself an LLC, the citizenship of the members of that LLC are relevant for diversity purposes, and so on." Jakks P., Inc. v. Accasvek, LLC, 270 F. Supp. 3d 191, 195 (D.D.C. 2017) (citing Aladdin, 692 F.3d at 49 (2d Cir. 2012)), aff'd 727 F. App'x 704 (D.C. Cir. 2018).

Beirne Wealth Consulting Services, LLC does not allege the citizenship of its members in its complaint, nor does it allege any federal cause of action. Terefore, Beirne is ordered to submit a declaration by Friday, January 31, 2020 at 12:00 p.m., identifying its members, as well as the members' citizenship. For members who are themselves limited liability companies, partnerships, or other unincorporated associations, Beirne is ordered to identify their members, as well, along with their citizenship. It is SO ORDERED. Dated: January 23, 2020

New York, New York

/s/_________

EDGARDO RAMOS, U.S.D.J.


Summaries of

Beirne Wealth Consulting Servs. v. Englebert

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 23, 2020
19 Civ. 7936 (ER) (S.D.N.Y. Jan. 23, 2020)
Case details for

Beirne Wealth Consulting Servs. v. Englebert

Case Details

Full title:BEIRNE WEALTH CONSULTING SERVICES, LLC, Plaintiff/Counterclaim Defendant…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jan 23, 2020

Citations

19 Civ. 7936 (ER) (S.D.N.Y. Jan. 23, 2020)