Opinion
22 Civ. 10562 (AT)
12-30-2022
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, v. DUNCAN INTERIORS, INC., DUNCAN PARTNERS LLC, DEBRA A. SPYCHALSKY and JOHN DOES 1-3, Defendants.
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
On December 16, 2022, the Court ordered Plaintiff to amend its pleading to allege the citizenship of each constituent person or entity of Duncan Partners LLC, by December 23, 2022. ECF No. 3. The Court warned that “[i]f Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction.” Id.
That submission is overdue. Accordingly, by January 6, 2023, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of Duncan Partners LLC. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Ch. 2000) (citing Cosgrove v. Bartolotta. 150 F.3d 729, 731 (7th Ch. 1998)); Strother v. Harte, 171 F.Supp.2d 203, 205 (S.D.N.Y. 2001) (“For purposes of diversity jmisdiction, a limited liability company has the citizenship of each of its members.”). If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction.
SO ORDERED.