Opinion
No. 03 Civ. 1316 (LTS)(RLE)
March 10, 2003
ORDER
WHEREAS, this action was commenced by the filing of a Complaint on February 27, 2003, and the action was subsequently transferred to the undersigned; and
WHEREAS, the Court has reviewed such Complaint to ascertain the basis for assertion of subject matter jurisdiction in this court; and
WHEREAS, such Complaint asserts that the Court has jurisdiction based on diversity of citizenship ( 28 U.S.C. § 1332), but alleges that plaintiff is a Florida corporation with New York offices, and that defendant is a New York corporation with New Jersey offices; and
WHEREAS, for purposes of diversity jurisdiction, "a corporation shall be deemed to be a citizen of any State by which is has been incorporated and of the State where it has its principal place of business," 28 U.S.C. § 1332(c)(1); and
WHEREAS, "`subject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power,'" E.R. Squibb Sons v. Accident Cas. Ins. Co., 160 F.3d 925, 929 (2d Cir. 1998) (citation omitted), and Rule 12(h)(3) of the Federal Rules of Civil Procedure provides that "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action;" it is hereby
ORDERED, that plaintiff shall, no later than March 18, 2003, file and serve an amended Complaint containing allegations sufficient to demonstrate a basis for subject matter jurisdiction in this Court or otherwise show cause in writing as to why this case should not be dismissed for lack of subject matter jurisdiction.