Sabando v. Boardwalk 1000 LLC
- Lewis Kaplan
- 1:25-cv-06511
- U.S. District Court · Southern District of New York
- 1
In Sabando v. Boardwalk 1000 LLC, Judge Kaplan ordered an amended complaint clarifying citizenship allegations or the action will be dismissed for lack of jurisdiction.
The plaintiff and defendant are affected because the action may be dismissed if an amended complaint adequately alleging subject-matter jurisdiction is not filed by August 22, 2025.
What happened
In Sabando v. Boardwalk 1000 LLC, the complaint invoked federal jurisdiction based on federal diversity jurisdiction and removal statutes. The court found that the complaint did not adequately allege facts establishing subject-matter jurisdiction.
The court identified possible problems involving the citizenship of natural persons, corporations, partnerships, and limited liability companies. It also said the complaint might have other jurisdictional deficiencies.
The court required an amended complaint adequately alleging subject-matter jurisdiction by August 22, 2025. If no such filing is made by that date, the action will be dismissed for lack of subject-matter jurisdiction, according to Judge Lewis A. Kaplan.
The detailed version
- Sabando v. Boardwalk 1000 LLC · No. 1:25-cv-06511
- Lewis Kaplan
- Aug. 14, 2025
Background
The complaint invoked federal jurisdiction under 28 U.S.C. §§ 1332 and 1441. Section 1332 concerns federal diversity jurisdiction, and section 1441 concerns removal to federal court.
Court’s Analysis
The court determined that the complaint did not adequately allege the existence of subject-matter jurisdiction, meaning the court’s authority to hear the case. The order identified possible deficiencies concerning the citizenship of one or more natural persons, corporations, partnerships, and limited liability companies. For a limited liability company, the order also identified the need to allege its exact nature and citizenship. The court stated that these were possible deficiencies and that there might be others.
Disposition
The court required the filing of an amended complaint adequately alleging subject-matter jurisdiction on or before August 22, 2025. The order states that, absent that filing, the action will be dismissed for lack of subject-matter jurisdiction. The order was signed by Judge Lewis A. Kaplan.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.