Opinion
22-CV-7497 (VEC)
09-08-2022
GRACEMARIE VENTICINQUE, individually and on behalf of a class of similarly situated persons, Plaintiff, v. BACK TO NATURE FOODS COMPANY, LLC, Defendant.
ORDER
VALERIE CAPRONI, United States District Judge:
WHEREAS on September 2, 2022, Plaintiff filed a Complaint against Defendant Back to Nature Foods Company, LLC; Compl., Dkt. 1;
WHEREAS Plaintiff alleges that this Court's subject matter jurisdiction in this matter is premised on diversity, Id. ¶ 3;
WHEREAS “a limited liability company has the citizenship of its members,” see JeanLouis v. Carrington Mortg. Servs., LLC, 849 Fed.Appx. 296, 298 (2d Cir. 2021);
WHEREAS a complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of an LLC and the place of incorporation and principal place of business of any corporate entities that are members of the LLC (including the citizenship of any members of the LLC that are themselves LLCs), see Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000); see also, e.g., In re Bank of Am. Corp. Sec., Derivatives, and ERISA Litig., 757 F.Supp.2d 260, 334 n.17 (S.D.N.Y. 2010);
WHEREAS the Complaint alleges that Defendant is a limited liability company that is incorporated under the laws of the State of Delaware and has a principal place of business in New Jersey, see Compl. ¶ 2; and
WHEREAS the Complaint made no allegations as to the citizenship of the members of Defendant; and
IT IS HEREBY ORDERED that by no later than Tuesday, September 13, 2022, Plaintiff must file an amended complaint that cures the deficiencies described herein or the complaint will be dismissed without prejudice for lack of subject matter jurisdiction.
SO ORDERED.