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Intl Hanley, LLC v. Frangos Pioneiro Industriae Comercio De Alimentos Ltda

United States District Court, Second Circuit

May 23, 2013

INTL HANLEY, LLC, Plaintiff,
v.
FRANGOS PIONEIRO INDUSTRIAE COMERCIO DE ALIMENTOS LTDA, Defendant.

MEMORANDUM OPINION AND ORDER

MIRIAM GOLDMAN CEDARBAUM, District Judge.

INTL Hanley, LLC moves for a default judgment against Frangos Pioneiro Industriae Comercio de Alimentos LTDA in this diversity action. For the following reasons, the motion is denied and the complaint is dismissed.

A limited liability company's citizenship for diversity purposes is the citizenship of its members. Handelsman v. Bedford Vill. Assocs. Ltd. P'ship , 213 F.3d 48, 52-53 (2d Cir. 2000). The complaint does not contain sufficient allegations regarding either the plaintiff or defendant to establish diversity jurisdiction. I explained this deficiency to INTL Hanley's counsel at a conference on March 19, 2013. I instructed INTL Hanley that should it wish to make a motion for default judgment, it must submit information on the citizenship of the members of both parties. INTL Hanley failed to do so. Furthermore, counsel for INTL Hanley failed to appear on the return date for the default judgment motion, even though this return date was selected by counsel.

Accordingly, INTL Hanley's motion for default judgment is denied. The complaint is dismissed for failure to establish subject matter jurisdiction. The clerk is directed to close the case.

SO ORDERED.


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