Opinion
10 Civ. 5073 (JGK).
July 13, 2010
MEMORANDUM OPINION AND ORDER
The complaint in this case invokes subject matter jurisdiction based on diversity of citizenship pursuant to 28 U.S.C. § 1332(a). The plaintiffs represent that they are both citizens of the United Kingdom. Defendant Starwood Hotels Resorts Worldwide, Inc., appears to be a citizen of Maryland and New York and defendant Westin Hotels Resorts, Inc., appears to be a citizen of Delaware and New York. The plaintiffs represent that the third defendant, the Westin Dubai, is a citizen of the United Arab Emirates.
It is well settled that "the presence of aliens on two sides of a case destroys diversity jurisdiction." Corporacion Venezolana de Fomento v. Vintero Sales Corp., 629 F.2d 786, 790 (2d Cir. 1980). In this case, the presence of the plaintiffs, who are citizens of the United Kingdom, and defendant Westin Dubai, which is a citizen of the United Arab Emirates, appears to destroy complete diversity of citizenship jurisdiction.
Therefore, the plaintiffs are directed to show cause by July 23, 2010, why this case should not be dismissed without prejudice for lack of subject matter jurisdiction.