Shakur Travel, LLC v. Hiscox Insurance Company, Inc.

Background

DWF Claims (USA) LLC removed this action from the Supreme Court of New York, New York County, on April 18, 2025. DWF asserted that the federal court had diversity jurisdiction under 28 U.S.C. § 1332. The removal notice alleged that DWF and Hiscox Insurance Company, Inc. were citizens of Illinois and that Shakur Travel, LLC was a citizen of New York. It did not allege the status or citizenship of Hiscox, Inc.

Court’s Analysis

The court explained that a limited liability company is a citizen of every state where its members are citizens. A removal notice based on diversity therefore must identify the citizenship of the natural persons who are LLC members and, for corporate members, the states of incorporation and principal places of business. The court found that the notice did not provide this information for Shakur Travel, LLC or DWF Claims (USA) LLC. It also found that the notice contained no allegations about Hiscox, Inc.’s status or citizenship.

Order

Judge Jesse M. Furman ordered the defendant to amend the notice of removal by April 29, 2025, to allege Hiscox, Inc.’s citizenship and the citizenship of each person or entity comprising the LLC parties, including the required corporate information. The court ordered that, if the defendant could not truthfully allege complete diversity by that date, the action would be remanded to the Supreme Court of New York, New York County, without further notice. The court also directed the defendant to serve the order on the plaintiff and other defendants within two business days and file proof of service. Counsel for the plaintiff and other defendants were directed to file notices of appearance within two business days after service.