Opinion
21 Civ. 3367 (NRB)
12-07-2021
PELAGOS SHIPPING COMPANY LTD., Plaintiff, v. PB FINANCE LLC, Defendant.
ORDER
NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE
WHEREAS on October 1, 2021, defendant filed a letter with the Court requesting leave to file a motion to dismiss the Amended Complaint on the grounds that the Court lacked subject matter jurisdiction; and
WHEREAS on October 5, 2021, plaintiff filed a letter in response, requesting limited jurisdictional discovery for the purpose of determining whether diversity jurisdiction existed herein; and
WHEREAS on October 20, 2021, the Court held a conference during which defendant agreed to provide a certification regarding the citizenship and residence of its members; and
WHEREAS on October 26, 2021, defendant filed a joint stipulation and order stating that defendant would provide a certification listing the citizenship and residence of all members of defendant and provide plaintiff with fifteen days to request additional information; and
WHEREAS the Court signed the joint stipulation and order; and
WHEREAS on November 3, 2021, defendant filed a sworn affidavit listing the citizenship and residences of all members of defendant; and
WHEREAS plaintiff informed the Court that upon review of defendant's affidavit, plaintiff acknowledged that there was no predicate for diversity jurisdiction; it is hereby
ORDERED that this Court's jurisdiction may not be based on diversity jurisdiction.