CD Acquisitions, LLC v. Cencora, Inc., et al.

Summary

The court held that diversity jurisdiction was lacking because an LLC member of the plaintiff was domiciled in Pennsylvania, the same state as the defendants’ principal places of business. The court remanded the action to New York Supreme Court, denied the defendants’ motion to dismiss as moot and without prejudice, and closed the federal case.

Holdings

1. Complete diversity was absent because Notash, an LLC member, was domiciled in Pennsylvania, as were defendants, making the parties not citizens of different States within the meaning of 28 U.S.C. § 1332(a)(1).
2. The action had to be remanded to the New York Supreme Court, New York County because the court lacked subject matter jurisdiction and defendants offered no alternative basis for federal jurisdiction.

Questions Presented

1. Whether the court had diversity subject matter jurisdiction when the citizenship of an LLC member was disputed.
2. Whether Notash's sworn affidavit established that he was domiciled in Pennsylvania despite his Wisconsin driver's license.
3. Whether the action should be remanded and defendants' motion to dismiss denied as moot.

Disposition

remanded