Marcos Lopez Figueroa v. Consigli Construction NY, LLC
- Subramanian
- 1:25-cv-08442
- U.S. District Court · Southern District of New York
- 2
In Marcos Lopez Figueroa v. Consigli Construction NY, LLC, Judge Subramanian ordered citizenship allegations amended or warned of dismissal for lack of jurisdiction.
Marcos Lopez Figueroa must amend the complaint to provide the required citizenship allegations. Consigli Construction NY, LLC is affected because the case may be dismissed for lack of subject-matter jurisdiction if complete diversity cannot be truthfully alleged.
What happened
Marcos Lopez Figueroa sued Consigli Construction NY, LLC, relying on diversity of citizenship to establish federal jurisdiction.
The court explained that an LLC has the citizenship of each of its members, so the complaint must identify the citizenship of every person or entity comprising Consigli Construction NY, LLC.
Judge Arun Subramanian ordered Lopez Figueroa to amend the complaint by October 28, 2025. If he cannot truthfully allege complete diversity, the court said the complaint will be dismissed for lack of subject-matter jurisdiction without further notice.
The detailed version
- Marcos Lopez Figueroa v. Consigli Construction NY, LLC · No. 1:25-cv-08442
- Subramanian
- Oct. 14, 2025
Background
Marcos Lopez Figueroa brought this action against Consigli Construction NY, LLC. The complaint invokes diversity of citizenship under 28 U.S.C. § 1332 as the basis for federal subject-matter jurisdiction, meaning jurisdiction based on the parties' citizenship and the amount in dispute.
Court's analysis
The court explained that a limited liability company is a citizen of every state in which its members are citizens. Therefore, a complaint based on diversity jurisdiction must allege the citizenship of each natural-person member and the incorporation and principal-place-of-business information for corporate members. It must also identify the citizenship of members that are themselves limited liability companies.
Order and effect
The court ordered Marcos Lopez Figueroa to amend the complaint by October 28, 2025, to allege the citizenship of each person or entity comprising Consigli Construction NY, LLC. The court warned that if he cannot truthfully allege complete diversity of citizenship, the complaint will be dismissed for lack of subject-matter jurisdiction without further notice. The opinion does not decide the underlying legal merits of the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.