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CLARKE v. NATIONAL RAILROAD PASSENGER CORP.

United States District Court, S.D. New York


July 19, 2005.

RHONDA CLARKE, Plaintiff,
v.
NATIONAL RAILROAD PASSENGER CORP., Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

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 jurisdiction.

  SO ORDERED.

20050719

© 1992-2005 VersusLaw Inc.



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