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CASTLE CREEK TECHNOLOGY v. LEISURE INDUSTRIES

April 22, 2003

CASTLE CREEK TECHNOLOGY PARTNERS, LLC, PLAINTIFF, AGAINST LEISURE INDUSTRIES CORPORATION OF AMERICA, INC., ETC., DEFENDANT.


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

ORDER

The complaint in this purported diversity action alleges that the plaintiff is a limited liability company but fails to allege the citizenship of any, let alone all, of its members. It therefore fails sufficiently to allege the existence of complete diversity. See Ferrara Bakery & Caf? Co. v. Colavita Paste & Olive Oil Corp., No. 98 Civ. 4344 (LAP), 1999 WL 135234 (S.D.N.Y. Mar. 12, 1999). Absent the filing, on or before April 29, 2003, of an amended complaint sufficiently alleging the existence of subject matter jurisdiction, the action will be dismissed.

SO ORDERED.

20030422

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