ActiveViam Ltd. v. Numerix LLC
- P. Castel
- 1:25-cv-03984
- U.S. District Court · Southern District of New York
- 3
In ActiveViam v. Numerix, Judge Castel ordered Numerix to disclose its members’ citizenship and required an amended complaint to establish diversity jurisdiction.
ActiveViam Ltd. must amend its complaint, and Numerix LLC must disclose the citizenship, residence, and domicile of each of its members. The action may be dismissed for lack of subject matter jurisdiction if the required information is not provided.
What happened
ActiveViam Ltd. sued Numerix LLC in federal court, relying on diversity jurisdiction, which generally requires all opposing parties to be citizens of different states or countries and the dispute to exceed $75,000.
The court found that ActiveViam adequately identified itself as a company registered in England and Wales with its principal place of business in London, England, but the complaint did not adequately identify the citizenship of Numerix’s members. An LLC has the citizenship of each of its members, and the presence of foreign citizens on both sides can defeat diversity jurisdiction.
The court ordered Numerix to provide a declaration about each member’s country of citizenship, residence, and domicile within 14 days. It also ordered ActiveViam to amend its complaint to identify all parties’ citizenship within 30 days, warning that the action will be dismissed for lack of subject matter jurisdiction if this is not done. Judge P. Kevin Castel issued the order.
The detailed version
- ActiveViam Ltd. v. Numerix LLC · No. 1:25-cv-03984
- P. Castel
- May 15, 2025
Background
ActiveViam Ltd. brought the action against Numerix LLC and invoked federal diversity jurisdiction. The opinion states that ActiveViam is a foreign corporation registered in England and Wales, with its principal place of business in London, England.
Jurisdictional issue
Federal diversity jurisdiction requires complete diversity: every opposing party must have different citizenship from every party on the other side. For an LLC, citizenship is determined by the citizenship of each of its members. The complaint stated that the domiciles of Numerix’s members were “not available” and alleged, on information and belief, that Numerix had no members residing in England or Wales. The court explained that this allegation was insufficient because a Numerix member who is a citizen of any foreign country—not only England or Wales—could defeat complete diversity when a foreign corporation is on the opposing side.
Order
The court ordered Numerix LLC to submit, within 14 days, a declaration stating the country of citizenship, residence, and domicile of each member. It ordered ActiveViam to amend its complaint within 30 days to state the citizenship of all parties. The order states that the action will be dismissed for lack of subject matter jurisdiction if the complaint is not amended as required. The court did not decide the underlying merits of the dispute. Judge P. Kevin Castel signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.