Perez v. Raul Alejandro Ocasio Ruiz

Background

Renelio Perez and Old Music Live sued Raul Alejandro Ocasio Ruiz, who is described in the complaint as an individual personally known as Rauw Alejandro, along with unidentified defendants. The plaintiffs asserted federal jurisdiction based on diversity of citizenship. Ruiz filed a motion to dismiss for lack of personal jurisdiction and failure to state a claim under Rules 12(b)(2) and 12(b)(6).

Jurisdictional Defect

The court focused on subject-matter jurisdiction, meaning the court’s authority to hear the case. Old Music Live is a limited liability company. Although the complaint identified its principal place of business, it did not allege the citizenship of each of the company’s members. For diversity jurisdiction, a limited liability company is treated as a citizen of every state where its members are citizens. The court therefore concluded that the complaint did not properly plead diversity jurisdiction.

Ruling

The court dismissed the complaint without prejudice and with leave to replead. The plaintiffs were given 30 days to file an amended complaint that properly asserts subject-matter jurisdiction. If they did not do so within that period, the clerk was directed to terminate the action. Ruiz’s motion to dismiss for lack of personal jurisdiction and failure to state a claim was denied as moot. Judge Vernon S. Broderick did not reach those arguments because the complaint was dismissed for the jurisdictional pleading defect.