Malcom v. Azcona & Sons Transport LLC

JOY MALCOM, Plaintiff, v. AZCONA & SONS TRANSPORT LLC and PEDRO DELOSSANTOS-VENTU, Defendants.

20 Civ. 3786 (ER)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

May 18, 2020

ORDER

RAMOS, D.J.:

This Court has an independent obligation to assure itself of its subject matter jurisdiction. See Bayerische Landesbank, New York Branch v. Aladdin Capital Mgt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). In a case brought under a federal court's diversity jurisdiction, all parties must be completely diverse. 28 U.S.C. § 1332. Limited liability companies ("LLCs") take the citizenship of their members. See Aladdin, 692 F.3d at 49. "The citizenship of the members of an LLC is traced all the way through — that is, when a member of an LLC is itself an LLC, the citizenship of the members of that LLC are relevant for diversity purposes, and so on." Jakks P., Inc. v. Accasvek, LLC, 270 F. Supp. 3d 191, 195 (D.D.C. 2017) (citing Aladdin, 692 F.3d at 49 (2d Cir. 2012)), aff'd 727 F. App'x 704 (D.C. Cir. 2018).

The defendants' petition for removal, Doc. 1, invokes this Court's diversity jurisdiction but does not allege the citizenship of the members of Azcona & Sons Transport LLC. Accordingly, the defendants are ordered to show cause why this

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Complaint should not be remanded sua sponte for lack of subject matter jurisdiction by June 1, 2020.

It is SO ORDERED.

Dated: May 18, 2020

New York, New York

/s/_________

EDGARDO RAMOS, U.S.D.J.