Summary
The United States District Court for the Southern District of New York directs Plaintiff GSP Securities LLC to cure defective allegations of diversity jurisdiction. The court explains that an LLC’s citizenship depends on the citizenship of each member and orders Plaintiff to file an amended complaint or declaration establishing member Salvatore Galatioto’s citizenship within fourteen days.
Holdings
- The complaint did not adequately establish GSP Securities LLC's citizenship because it failed to allege the citizenship or domicile of LLC member Salvatore Galatioto.
- The jurisdictional pleading defect could be cured, and Plaintiff was permitted to file either an amended complaint or a declaration regarding Galatioto's citizenship within fourteen days.
Questions Presented
- Whether the complaint adequately alleged complete diversity of citizenship for purposes of federal jurisdiction under 28 U.S.C. § 1332.
- Whether alleging that an individual member of an LLC is a New York resident sufficiently establishes that member's citizenship for diversity-jurisdiction purposes.
- Whether the jurisdictional allegations could be cured by amendment or declaration under 28 U.S.C. § 1653.
Disposition
other
Cases Cited (8)
- Agility Logistics Corp. v. Elegant USA, LLC, No. 09-CV-4719, 2009 WL 3094898, at *1 (S.D.N.Y. Sept. 25, 2009)(followed)
- Durant, Nichols, Houston, Hodgson & Cortese-Costa, P.C. v. Dupont, 371 F. App'x 135, 137 (2d Cir. 2010)(followed)
- Palazzo v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)(followed)
- Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989)(followed)
- Canedy v. Liberty Mutual Insurance Co., 126 F.3d 100, 103 (2d Cir. 1997)(followed)
- Jacobs v. Patent Enforcement Fund, Inc., 230 F.3d 565, 567 (2d Cir. 2000)(followed)
- Hai Yang Liu v. 88 Harborview Realty, LLC, 5 F. Supp. 3d 443, 447 (S.D.N.Y. 2014)(followed)
- Krause v. Forex Exchange Market, Inc., 356 F. Supp. 2d 332, 336 (S.D.N.Y. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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