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S.D.N.Y.Procedural orderFiled Dec. 12, 2019

Noble Talents LLC LLC v. Asch

Judge
Analisa Torres
Docket
1:19-cv-11020
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Noble Talents LLC v. Asch, Judge Torres ordered citizenship details for each LLC to support diversity jurisdiction or face dismissal.

Who this affects

The three plaintiff LLCs must provide citizenship information for every member of each LLC by December 19, 2019. If they fail to do so or cannot establish complete diversity, the complaint will be dismissed for lack of subject-matter jurisdiction.

What happened

Noble Talents LLC, Noble Capital International LLC, and Noble Markets, LLC sued Marc Asch and MEA Investments LLC, claiming federal jurisdiction based on the parties’ citizenship. The case is Noble Talents LLC v. Asch, No. 19 Civ. 11020 (AT).

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Noble Talents LLC LLC v. Asch · No. 1:19-cv-11020
Judge
Analisa Torres
Date
Dec. 12, 2019

Background

The plaintiffs sued Marc Asch and MEA Investments LLC and invoked diversity jurisdiction, which allows a federal court to hear certain disputes involving citizens of different states. The court noted that the plaintiffs and MEA Investments LLC appeared to be limited liability companies.

Required Amendment

For diversity jurisdiction, a limited liability company has the citizenship of each of its members. The court ordered the plaintiffs to amend their complaint by December 19, 2019, to truthfully identify the citizenship of every individual or entity that is a member of each LLC. For any member that is a corporation, the amended complaint must also state its place of incorporation and principal place of business.

Ruling

Judge Analisa Torres did not dismiss the case at this stage. She ordered the plaintiffs to amend their pleading and stated that, if they failed to do so or could not truthfully allege complete diversity, the complaint would be dismissed for lack of subject-matter jurisdiction. The order therefore addressed the jurisdictional sufficiency of the complaint rather than the underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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