Golden Loop, LLC v. Live Nation Entertainment, Inc.

Background

Golden Loop, LLC brought the action against Live Nation Entertainment, Inc. The complaint identified diversity jurisdiction under 28 U.S.C. § 1332 as the only basis for federal jurisdiction. Because a limited liability company has the citizenship of all its members for diversity purposes, the court required Golden Loop to identify its members. Golden Loop stated that its sole member, Gary Brifil, was a New York citizen.

The complaint also alleged that Live Nation was incorporated in California and had its headquarters in New York. Because the complaint therefore appeared to identify both sides as New York citizens, the court ordered the parties to explain why the case should not be dismissed for lack of subject-matter jurisdiction.

Corrected Jurisdictional Information

In response, Golden Loop stated that it had alleged Live Nation’s New York headquarters in error. It said Live Nation’s principal office and corporate headquarters were in California and submitted a 2024 Live Nation report stating the same.

Ruling

The court concluded that the declaration and attached report established the required diversity of citizenship and that the court had subject-matter jurisdiction. It held that a complaint may be treated as amended when the record, including later-supplied information, establishes that the required diversity existed all along. The court therefore deemed Golden Loop’s complaint amended to properly allege diversity jurisdiction. Judge Lewis J. Liman did not decide the merits of the parties’ underlying dispute.