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
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.
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