Peach v. Tommy Boy Entertainment, LLC
- P. Castel
- 1:25-cv-05191
- U.S. District Court · Southern District of New York
- 2
In Peach v. Tommy Boy, Judge Castel found the complaint’s citizenship allegations incomplete, allowed discovery and amendment, and warned of dismissal if diversity is not shown.
Matthew Peach must obtain and plead the required citizenship information; Tommy Boy Entertainment, LLC must respond to the authorized interrogatory. The order also affects the continuation of Peach’s action against Tommy Boy Entertainment, LLC and David Parker because the action will be dismissed if complete diversity is not alleged by the deadline.
What happened
In Peach v. Tommy Boy Entertainment, LLC, Matthew Peach’s complaint claimed that the federal court could hear the case because the parties were citizens of different states. It described Tommy Boy Entertainment, LLC as organized under Delaware law with its main business location in New York, but did not identify the citizenship of the LLC’s members.
The court gave Peach 14 days to serve one written question on Tommy Boy seeking the citizenship of its individual members and, if any member is a corporation, that corporation’s state of incorporation and main business location. Tommy Boy must respond within 14 days. Peach then has 45 days to amend the complaint accurately.
The order did not decide the underlying dispute. Judge Castel warned that the action will be dismissed for lack of federal subject-matter jurisdiction if Peach does not allege complete diversity by the deadline.
The detailed version
- Peach v. Tommy Boy Entertainment, LLC · No. 1:25-cv-05191
- P. Castel
- June 24, 2025
Background
Matthew Peach sued Tommy Boy Entertainment, LLC, doing business as Tommy Boy Distribution, and David Parker. The complaint asserted diversity jurisdiction, which allows a federal court to hear certain disputes between parties who are completely diverse in citizenship. The complaint alleged that Tommy Boy Entertainment, LLC was organized under Delaware law and had its principal place of business in New York. It did not allege the citizenship of the LLC’s members.
Court’s analysis
The court explained that diversity of citizenship must be specifically alleged and that all opposing parties must be completely diverse. For an LLC, the complaint must identify the citizenship of each individual member. If an LLC member is a corporation, the complaint must identify that corporation’s state of incorporation and principal place of business. The court addressed this subject-matter-jurisdiction issue at the outset and did not decide the merits of Peach’s claims.
Order
Within 14 days of the order, Peach may serve Tommy Boy Entertainment, LLC with one interrogatory asking for the citizenship information of all its individual members and any required corporate-member information. Tommy Boy must respond within 14 days. Within 45 days of the order, Peach must amend the complaint to truthfully and accurately allege Tommy Boy Entertainment, LLC’s citizenship. The court did not dismiss the action in this order. It stated that the action will be dismissed for lack of subject-matter jurisdiction without further notice if Peach fails to allege complete diversity by the deadline.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.