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CHAPMANWORKS, LLC v. TRAVELERS INDEMNITY COMPANY

United States District Court, S.D. New York


January 26, 2004.

CHAPMANWORKS, LLC, Plaintiff, -against- TRAVELERS INDEMNITY COMPANY, Defendant

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The complaint in this purported diversity action fails adequately to allege the citizenship of plaintiff. Although plaintiff amended the complaint previously in an effort to allege the citizenship of the limited liability company, see Ferrara Bakery & Cafe Co. v. Colavita Paste & Olive Oil Corp., No. 98 Civ. 4344 (LAP), 1999 WL 135234 (S.D.N.Y. Mar. 12, 1999), the amended complaint still fails to do so because the citizenship of the individual members of the LLC in each case is not necessarily the same as residence. In any case, the allegations of residence are E.g., insufficient. Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996); Depradine v. Nissan Infiniti LT, No. 00 Civ. 6686 (LAK), 2000 WL 1280971, *1 (S.D.N.Y. Sept. 11, 2000). Absent the filing, on or before February 4, 2004, of a second amended complaint sufficiently alleging the existence of subject matter jurisdiction, leave to file which is hereby granted, the action will be dismissed.

SO ORDERED.

20040126

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