Opinion
11 Civ. 5449 (JGK).
August 30, 2011
MEMORANDUM OPINION AND ORDER
On its face, the complaint in this case alleges jurisdiction solely on the basis of diversity of citizenship pursuant to 28 U.S.C. § 1332(a). However, the plaintiff fails to allege complete diversity. The defendants advise that "Credit Suisse First Boston" is the former name of Credit Suisse, a bank incorporated in and having its principal place of business in Switzerland. A corporation is, for diversity purposes, "a citizen of any State by which it has been incorporated and of the State where it has its principal place of business." 28 U.S.C. § 1332(c)(1). Hence, Credit Suisse is an alien. Because the plaintiff is also, admittedly, an alien, there is an absence of jurisdiction based on diversity of citizenship. See Corporacion Venezolana de Fomento v. Vintero Sales Corp., 629 F.2d 786, 789-790 (2d Cir. 1980) ("[T]he fact that alien parties were present on both sides would destroy complete diversity.") (emphasis in original).
The case is dismissed without prejudice for lack of subject matter jurisdiction. The clerk is directed to close this case.
SO ORDERED.
August 29, 2011
Dated: New York, New York