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RLI INSURANCE COMPANY v. NAVIGATORS INSURANCE COMPANY

United States District Court, S.D. New York
Jul 26, 2011
11 Civ. 3913 (JGK) (S.D.N.Y. Jul. 26, 2011)

Opinion

11 Civ. 3913 (JGK).

July 26, 2011


MEMORANDUM OPINION AND ORDER


The complaint in this case alleges diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). However, the plaintiff did not plead the citizenship of various defendants. In particular, the plaintiff did not plead the citizenship of the members or partners of defendants that are LLCs or LLPs, see Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51 (2d Cir. 2000), nor the state of incorporation and principal place of business of defendants that are corporations, see McElroy v. Gemark Alloy Refining Corp., 592 F. Supp. 2d 508, 510 (S.D.N.Y. 2010). The complaint also fails to allege an amount in controversy exceeding $75,000, as required by 28 U.S.C. § 1332. Accordingly, the complaint is dismissed without prejudice. See, e.g., Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (complaint that fails to plead citizenship of relevant parties does not properly assert diversity jurisdiction).

The Clerk is directed to close this case. The plaintiff may file an amended complaint correcting the deficiencies in the original complaint and move to reopen this case consistent with any applicable statutes of limitations.

SO ORDERED.


Summaries of

RLI INSURANCE COMPANY v. NAVIGATORS INSURANCE COMPANY

United States District Court, S.D. New York
Jul 26, 2011
11 Civ. 3913 (JGK) (S.D.N.Y. Jul. 26, 2011)
Case details for

RLI INSURANCE COMPANY v. NAVIGATORS INSURANCE COMPANY

Case Details

Full title:RLI INSURANCE COMPANY, Plaintiff, v. NAVIGATORS INSURANCE COMPANY, ET AL.…

Court:United States District Court, S.D. New York

Date published: Jul 26, 2011

Citations

11 Civ. 3913 (JGK) (S.D.N.Y. Jul. 26, 2011)