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COONS v. UNITED STATES TRUST COMPANY OF NEW YORK

United States District Court, S.D. 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. ยง 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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