UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
January 20, 2009
DESIVENO GAUSE, PLAINTIFF,
CHASE HOME FINANCE LLC, COMMERCIAL MUTUAL INSURANCE COMPANY, ESTATE OF DELLA L GAUSE, LUNT AGENCY INC., DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
MEMORANDUM AND ORDER
Presently pending before the Court is pro se Plaintiff Desi Gause's Amended Complaint. The Court dismissed Plaintiff's original Complaint for failure to plead subject matter jurisdiction. In particular, the Court found that the original Complaint did not plead diversity jurisdiction. The Court has serious concerns regarding whether diversity jurisdiction exists now.*fn1 To that end, until further notice, the Court STAYS each defendant's obligation to answer, move, or otherwise respond to the Amended Complaint.
Instead, within forty-five (45) days of being served with a copy of the summons and Amended Complaint, each defendant shall file and serve: (1) a declaration setting forth the relevant facts concerning each defendant's citizenship (e.g., state of incorporation, principal place of business); and (2) documentation supporting these relevant facts. In this regard, Defendant Chase Home Finance LLC should be aware that a limited liability company is a citizen of all states of which its members are citizens. See Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48, 51 (2d Cir. 2000); Castillo Grand LLC v. Sheraton Operating Corp., 09-CV-7197, 2009 WL 4667104, *1 (S.D.N.Y. 2009).
Joanna Seybert, U.S.D.J.