Opinion
22-CV-9909 (VSB)
04-29-2024
DYNAMIC ENJOY CORPORATION and NADIA CHRISTOPOULOS, Plaintiffs, v. PICCOLO BY GAMBRINUS, LLC, ALEXANDER CESARIA VANDERBILT, and CANDO CAPITAL, LLC, Defendants,
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE:
On April 26, 2024, I held a telephonic conference in this case. In accordance with my comments made during the conference, it is hereby:
ORDERED that by May 3, 2024, the parties file a joint letter containing a brief explanation of why jurisdiction and venue lie in this Court. “[A]llegations of residency alone cannot establish citizenship.” Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 102-03 (2d Cir. 1997); see, e.g., Clarke v. Fisher-Park Lane Owner LLC, 19-CV-6471, 2022 WL 1468432, at *3 (S.D.N.Y. May 10, 2022) (same); Hines v. Azoth Inv. SPC Ltd., 21-CV-10309, 2022 WL 683996, at *2 (S.D.N.Y. Mar. 8, 2022) (“On its face the complaint provides no information about the citizenship of any of the natural persons who are parties to this case.”). If any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. An LLC is a citizen of every state of which its members are citizens. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000); Dumann Realty, LLC v. Faust, No. 09-cv-7651, 2013 WL 30672, at *2 (S.D.N.Y. Jan. 3, 2013) (recognizing that an LLC “is completely diverse from opposing parties only if all of the members of the LLC are citizens of different states than all opposing parties”). Therefore, if any party is a partnership, limited partnership, limited liability company or trust, the letter shall state the citizenship of each of the entity's members, shareholders, partners and/or trustees.
IT IS FURTHER ORDERED that by May 3, 2024 Defendants file a letter informing me whether they will seek leave to file a counterclaim. If so, Defendants are directed to attach a copy of the proposed pleading to the letter.
IT IS FURTHER ORDERED that by May 8, 2024 Plaintiffs file a letter informing me whether they will object to Defendants' counterclaim proposal.
SO ORDERED.