Opinion
No. 02 Civ.03873 (LTS) (THK)
June 5, 2002
ORDER
WHEREAS, this action was commenced by the filing of a Complaint on May 21, 2002, and the action was subsequently transferred to the undersigned; and
WHEREAS, the Court has reviewed such Complaint to ascertain the basis for assertion of subject matter jurisdiction in this court; and
WHEREAS, such Complaint asserts that the Court has jurisdiction based on diversity of citizenship ( 28 U.S.C. § 1332), and identifies the principal place of business of the business trust, but does not identify the citizenship of the individual trustees; and
WHEREAS, for purposes of diversity jurisdiction, the citizenship of a business trust is that of its individual trustees, Navarro Savings Association v. Lee, 446 U.S. 458, 464-66 (1980); E.R. Squibb Sons v. Accident Cas. Ins. Co., 160 F.3d 925, 931 (2d Cir. 1998); and WHEREAS, "`subject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power,'" E.R. Squibb Sons v. Accident Cas. Ins. Co., 160 F.3d 925, 929 (2d Cir. 1998) (citation omitted), and Rule 12(h)(3) of the Federal Rules of Civil Procedure provides that "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action;" it is hereby
ORDERED, that plaintiff shall, no later than June 26, 2002, file and serve an amended Complaint containing allegations sufficient to demonstrate a basis for subject matter jurisdiction in this Court or otherwise show cause in writing as to why this case should not be dismissed for lack of subject matter jurisdiction.