Blackstone Audio v. Catherine Ryan Howard
- Vernon Broderick
- 1:25-cv-07854
- U.S. District Court · Southern District of New York
- 2
In Blackstone Audio v. Catherine Ryan Howard, Judge Broderick dismissed the complaint without prejudice because it did not properly allege diversity jurisdiction.
Blackstone Audio’s complaint was dismissed without prejudice because it did not adequately allege Catherine Ryan Howard’s citizenship for diversity jurisdiction. Blackstone Audio may file an amended complaint within thirty days; the order does not resolve the underlying claims.
What happened
Blackstone Audio, Inc. d/b/a Blackstone Publishing sued Catherine Ryan Howard. The complaint claimed that federal diversity jurisdiction existed because the parties were citizens of different states and more than $75,000 was at stake.
The complaint described Howard as an individual whose primary address was at a London office of a talent agency, but it did not allege her citizenship. The court explained that a person’s citizenship depends on their permanent home, not merely an address where they receive mail or maintain an office.
Judge Broderick dismissed the complaint without prejudice and allowed Blackstone Audio thirty days to file an amended complaint that properly alleges federal jurisdiction. If no amended complaint is filed within that time, the clerk must terminate the case.
The detailed version
- Blackstone Audio v. Catherine Ryan Howard · No. 1:25-cv-07854
- Vernon Broderick
- Sept. 29, 2025
Background
Blackstone Audio, Inc. filed a complaint against Catherine Ryan Howard on September 22, 2025. The complaint asserted federal jurisdiction under 28 U.S.C. § 1332, which permits certain lawsuits between citizens of different states when more than $75,000 is at stake.
The complaint alleged that Howard was an individual with a primary address at an office of David Higham Associates Limited in London. It did not allege Howard’s citizenship.
Reasoning
For an individual, citizenship for diversity-jurisdiction purposes depends on domicile—the person’s true, fixed home and principal establishment, to which the person intends to return. The court explained that residence and domicile are not necessarily the same. It held that alleging a primary address at an office location did not adequately establish Howard’s domicile or citizenship.
Because the complaint did not adequately plead subject-matter jurisdiction, the court was required to dismiss it under Federal Rule of Civil Procedure 12(h)(3). This ruling addressed whether the court had jurisdiction, not the underlying merits of Blackstone Audio’s claims.
Disposition
Judge Vernon S. Broderick dismissed the complaint without prejudice and with leave to replead. Blackstone Audio has thirty days to file an amended complaint that properly asserts subject-matter jurisdiction. If it does not do so within that period, the clerk is directed to terminate the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.