Opinion
22 CV 2606 (VB)
03-31-2022
M&K IMPORTS, LLC, Plaintiff, v. REJUVENADA MEDICAL GROUP, INC., d/b/a REGENEVADA; THOM E. LOBE; PATRICK D. CROCKER; and CROCKER LAW FIRM PLLC a/k/a CROCKER & CROCKER, Defendants.
ORDER
Vincent L. Briccetti, United States District Judge.
Plaintiff brings this action invoking subject matter jurisdiction by reason of diversity of citizenship under 28 U.S.C. § 1332.
To invoke diversity jurisdiction under 28 U.S.C. § 1332, there must be complete diversity of citizenship. Caterpillar Inc. v. Lewis. 519 U.S. 61, 68 (1996). Thus, 28 U.S.C. § 1332 "applies only to cases in which the citizenship of each plaintiff is diverse from the citizenship of each defendant." Id.; see also Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). Specifically, 28 U.S.C. § 1332(a)(1) applies when the dispute is between "citizens of different States."
A limited liability company has the citizenship of each of its individual or entity members. Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000).
Here, plaintiff, a limited liability company, alleges it is organized in New York and with a principal place of business in Mount Vernon, New York. (Doc. #1 ¶13). Plaintiff also alleges defendant Crocker Law Firm PLLC, a professional limited liability company, is organized in Michigan and "maintains a business address" in Kalamazoo, Michigan. (Id. ¶ 18). Plaintiff does not identify its members, or their citizenships, or the members of defendant Crocker Law Firm PLLC, or their citizenships.
Accordingly, by April 7, 2022, plaintiffs counsel shall submit a letter explaining in detail the citizenship of plaintiff and defendant Crocker Law Firm PLLC, so that the Court can determine whether it has subject matter jurisdiction.
SO ORDERED.