United States District Court, S.D. New York
May 14, 2004.
EDGAR ESCOBAR, Plaintiff, -against- DAVID ZAPP, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The amended complaint in this action purports to base subject matter
jurisdiction on diversity of citizenship. Although it alleges the
residences of the parties, it fails to allege their citizenship. This is
inadequate. Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377
E.g., (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 June 4, 2004, of a second amended
complaint remedying this deficiency, the action will be dismissed.
Plaintiff, who is proceeding pro se, may consult the Pro Se Office of the
Court for assistance.
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