United States District Court, S.D. New York
July 19, 2005.
RHONDA CLARKE, Plaintiff,
NATIONAL RAILROAD PASSENGER CORP., Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
On June 24, 2005, this Court issued an order indicating that,
absent the filing of an amended complaint sufficiently alleging
the existence of subject matter jurisdiction, the action would be
dismissed. Among the defects in the original complaint that the
Court explicitly pointed out were these:
"1. It does not allege the citizenship of the
plaintiff. See, e.g., 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); Deparadine v.
Nissan Infiniti LT, No. 00 Civ. 6686 (LAK), 2000 WL
1280971, at *1 (S.D.N.Y. Sept. 11, 2000).
"2. It alleges that the defendant is a corporation
organized under the laws of the State of Washington,
D.C. Washington, D.C., is not a State.
"3. Even if Washington, D.C., were a State, the
complaint would not adequately have alleged
defendant's citizenship. 28 U.S.C. § 1332(c)(1)."
Plaintiff now has filed an amended complaint, although it
appears that he has taken no heed of the text of the Court's June
24, 2005 order. It still alleges only that plaintiff is a New
York resident despite the fact that the cases cited in paragraph
1 all indicate that allegations of residence are insufficient to
establish a party's citizenship. It still alleges that National
Railroad Passenger Corp. is organized under the "laws of the
State of Washington, DC" despite the fact that there is no such
state in the Union. It still fails to allege the location of its
principal place of business as required by
28 U.S.C. § 1332(c)(1).
Accordingly, the action is dismissed for lack of subject matter
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