Opinion
1:23-cv-02082 (JLR)
03-14-2023
PALL CORPORATION, Plaintiff, v. CLEANSPACE MODULAR, LLC, Defendant.
ORDER
JENNIFER L. ROCHON, UNITED STATES DISTRICT JUDGE
Plaintiff filed its Complaint in the instant action on March 10, 2023. ECF No. 1. The Complaint alleges subject matter jurisdiction based on diversity of citizenship. Id. ¶ 3. It alleges that Plaintiff is incorporated in New York, with its principal place of business in New York. Id. ¶ 1. It further alleges that Defendant “Cleanspace is a foreign limited liability company” incorporated in Pennsylvania with a principal place of business in Pennsylvania. Id. ¶ 2. Plaintiff has not filed a disclosure statement pursuant to Federal Rule of Civil Procedure (“Rule”) 7.1.
“For diversity purposes, a corporation is deemed to be a citizen both of the state in which it has its principal place of business and of any state in which it is incorporated.” Universal Licensing Corp. v. Paola del Lungo S.p.A., 293 F.3d 579, 581 (2d Cir. 2002) (citing 28 U.S.C. § 1332(c)(1)). A limited liability company is deemed to be a citizen of each state of which its members are citizens. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000). That means that, “if any of an LLC's members are themselves noncorporate entities, then a plaintiff must allege the identity and citizenship of their members, proceeding up the chain of ownership until it has alleged the identity and citizenship of every individual and corporation with a direct or indirect interest in the LLC.” U.S. Liab. Ins. Co. v. M Remodeling Corp., 444 F.Supp.3d 408, 410 (E.D.N.Y. 2020).
Rule 7.1 requires that a party file a disclosure statement “with its first” appearance or pleading. The form, which is available at https://www.nysd.uscourts.gov/forms/rule-71-statement, further requires a plaintiff to “name and identify the citizenship” of each member of an L.L.C. Plaintiff has not satisfied these requirements here.
Accordingly, Plaintiff shall, by March 21, 2023, file a completed Rule 7.1 Disclosure Statement, which shall include all necessary information to establish subject-matter jurisdiction based on diversity as set forth above.
SO ORDERED.