Boadi v. Stamford Uniform Linen Towel And Napkin, LLC

Background

Defendants Stamford Uniform Linen Towel and Napkin, LLC and Reynaldo Mesa Graciano Jr. filed a notice removing the action from state court to the U.S. District Court for the Southern District of New York. They invoked federal subject-matter jurisdiction under 28 U.S.C. § 1441(c) and asserted that the action involved citizens of different states. The opinion does not describe the underlying claims.

Jurisdictional deficiencies

The court found several problems with the allegations supporting diversity jurisdiction. First, the notice alleged the residency—not the citizenship—of Plaintiff Joseph Boadi and the members of the LLC. Residence alone does not establish citizenship for diversity purposes; citizenship generally depends on domicile.

Second, the notice identified two members of Stamford Uniform Linen Towel and Napkin, LLC but did not state that they were the LLC’s only members. To establish an LLC’s citizenship, the removing party must identify the citizenship of every member. If an LLC member is itself an LLC, the notice must also establish the citizenship of all members of that entity. For corporate members, the relevant allegations include the place of incorporation and principal place of business.

Order

The court ordered the defendants to amend their notice of removal by January 14, 2025, to cure the deficiencies in their subject-matter-jurisdiction allegations. If they could not truthfully allege complete diversity of citizenship, the action would be remanded to the Supreme Court of New York, County of Bronx, without further notice. The defendants also had to serve Plaintiff with the order within two business days and file proof of service on the docket.