LLC Sales Inc. d/b/a/ Liteline USA v. Livingston International Inc.
- Lorna Schofield
- 1:24-cv-09853
- U.S. District Court · Southern District of New York
- 2
LLC Sales v. Livingston: Judge Schofield dismissed the case without prejudice because both companies are Delaware citizens, eliminating diversity jurisdiction.
LLC Sales Inc. d/b/a Liteline USA and Livingston International, Inc.; the case was dismissed without prejudice to refiling in state court, pending motions were denied as moot, and scheduled conferences were canceled.
What happened
In LLC Sales Inc. d/b/a Liteline USA v. Livingston International, Inc., the complaint claimed that the federal court had jurisdiction because the companies were citizens of different states. The complaint identified the plaintiff as a Delaware citizen and the defendant as an Illinois citizen.
The parties later acknowledged that the defendant was not an Illinois corporation. The opinion states that both companies are citizens of Delaware, and the complaint did not assert a claim arising under federal law. Because the companies were not completely diverse, the court lacked authority to decide the case.
Judge Lorna G. Schofield dismissed the case without prejudice to refiling in state court. The court also denied any pending motions as moot, canceled all conferences, and directed the Clerk of Court to terminate the case.
The detailed version
- LLC Sales Inc. d/b/a/ Liteline USA v. Livingston International Inc. · No. 1:24-cv-09853
- Lorna Schofield
- Apr. 14, 2025
Background
The complaint asserted federal jurisdiction based on diversity of citizenship, which generally requires every plaintiff to be a citizen of a different state from every defendant. It identified LLC Sales Inc. d/b/a Liteline USA as a citizen of Delaware and Livingston International, Inc. as a citizen of Illinois.
The parties later acknowledged that the complaint incorrectly identified Livingston as an Illinois corporation. The opinion states that Livingston, like LLC Sales, is a citizen of Delaware. The complaint did not state a cause of action arising under federal law.
Ruling
The court determined that both parties’ Delaware citizenship destroyed complete diversity. Because the court lacked federal subject-matter jurisdiction—the legal authority to hear the case—it did not reach the merits of the dispute.
The court dismissed the case without prejudice to refiling in state court. It also denied any pending motions as moot, canceled all conferences, and directed the Clerk of Court to terminate the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.