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Cadles of Grassy Meadows II, L.L.C. v. Clair

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 6, 2010

CADLES OF GRASSY MEADOWS II, L.L.C., PLAINTIFF,
v.
JEFFREY ST. CLAIR AND CATHLEEN ST. CLAIR, DEFENDANTS.

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

MEMORANDUM & ORDER

For purposes of federal diversity jurisdiction, the citizenship of a limited liability company is based on the citizenship of the LLC's individual members, not the LLC's state of organization or its principle place of business. Handelsman v. Bedford Vill. Assocs. Ltd., 213 F.3d 48, 51-51 (2d Cir. 2000). In its Complaint, Plaintiff fails to establish diversity jurisdiction under 28 U.S.C. § 1332 because it does not list its members and their state citizenships. Accordingly, the Court must dismiss the Complaint without prejudice.

If Plaintiff wishes to continue forward, it must file an Amended Complaint by May 30, 2010 in compliance with this Order. If complete diversity is not established in the Amended Complaint, the case will be dismissed sua sponte and with prejudice, and the case will be closed.

SO ORDERED.

JOANNA SEYBERT, U.S.D.J.

20100506

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