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ALSTON v. NATIONAL UNION FIRE INSURANCE COMPANY

United States District Court, Southern District of New York


April 8, 2003

NORMAN ALSTON, ET AL., PLAINTIFFS
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

The complaint in this case contains no jurisdictional allegation although it appears that plaintiffs wish to proceed on the basis of diversity of citizenship inasmuch as no other conceivable jurisdictional basis is set forth.

The complaint fails to allege the citizenship of the plaintiff Alston and does not adequately allege the citizenship of plaintiff Pembroke Calox, Inc. It also alleges that defendant "Raice, Paykin, Krieg and Schrader" is a New York corporation with an office here. Even assuming that it is a New York corporation, the allegation would be insufficient. The New York Secretary of State's searchable database, however, discloses no New York corporation with a name beginning with "Raice." Further, it indicates that there is a New York limited liability partnership known as Raice, Paykin & Kreig, LLP.

In the circumstances, the complaint manifestly fails adequately to allege any basis of subject matter jurisdiction. Absent the filing, on or before April 17, 2003, of an amended complaint adequately setting forth a basis of federal jurisdiction, the case will be dismissed.

SO ORDERED.

20030408

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