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Romeo v. Suffolk Ready Mix LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 21, 2009

STACY ROMEO, CARI DEVAUL CASTILLO PLAINTIFFS,
v.
SUFFOLK READY MIX LLC, RICHARD M. VALENTINO, DEFENDANTS.

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

MEMORANDUM AND ORDER

Presently pending before the Court are Defendants' motions to consolidate this case with 09-CV-1818, and for leave to file a third party complaint. Before dealing with these motions, however, the Court must be satisfied that subject matter jurisdiction exists.

Here, Plaintiffs are California citizens who premise their suit on diversity jurisdiction. And one of the Defendants, Suffolk Ready Mix LLC, is a limited liability company. For diversity purposes, a limited liability company is a citizen of every state that its members are citizens of. 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). Consequently, within thirty (30) days, Suffolk Ready Mix LLC is directed to file and serve: (1) a declaration setting forth the relevant facts concerning the citizenship of each of its members; and (2) documentation supporting these relevant facts.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20090121

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