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COONS v. UNITED STATES TRUST COMPANY OF NEW YORK

January 27, 2004.

RICHARD B. COONS, Plaintiff -against- UNITED STATES TRUST COMPANY OF NEW YORK, 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 either of the plaintiff, see 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), or the defendant, see 28 U.S.C. § 1332(c)(1). Absent the filing, on or before February 5, 2004, of an amended complaint adequately alleging the existence of complete diversity of citizenship, the action will be dismissed.

SO ORDERED.

20040127

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