Figueroa v. Pavarini McGovern, LLC
- Edgardo Ramos
- 1:19-cv-00152
- U.S. District Court · Southern District of New York
- 2
In Figueroa v. Pavarini McGovern, Judge Ramos dismissed the case because the defendants’ partnership structure defeated complete diversity jurisdiction.
Arisleida Figueroa and the three defendants were affected; the case was dismissed for lack of complete diversity jurisdiction and closed.
What happened
In Figueroa v. Pavarini McGovern, LLC, Arisleida Figueroa sued Pavarini McGovern, LLC, Structure Tone, LLC, and 330 West 34th SPE LLC. The order states that Figueroa is a New Jersey resident and identifies the defendants’ business forms and stated locations.
At a conference, the defendants told the court that 330 West 34th SPE LLC had a general partnership with a New Jersey member entity. Because a limited liability company’s citizenship includes all of its members, the defendants said the case lacked complete diversity—the required difference in citizenship for this federal jurisdiction. Figueroa did not consent to dismissal.
The court dismissed the case and directed the Clerk to close it. Judge Edgardo Ramos stated that the dismissal was involuntary, which the defendants agreed not to contest, preserving Figueroa’s rights under New York Civil Practice Law and Rules § 205.
The detailed version
- Figueroa v. Pavarini McGovern, LLC · No. 1:19-cv-00152
- Edgardo Ramos
- Dec. 19, 2019
Background
Arisleida Figueroa filed a complaint against Pavarini McGovern, LLC, Structure Tone, LLC, and 330 West 34th SPE LLC. The order identifies Figueroa as a New Jersey resident; Pavarini McGovern, LLC and Structure Tone, LLC as New York limited liability companies headquartered in New York; and 330 West 34th SPE LLC as a Delaware limited liability company with offices in New York.
Jurisdictional issue
At a December 18, 2019 pre-motion conference, the defendants represented that 330 West 34th SPE LLC had a general partnership with a member entity in New Jersey. The defendants therefore stated that the case lacked complete diversity, a basis for federal jurisdiction that requires the opposing parties to have different citizenship. The order cites the rule that a limited liability company has the citizenship of all its members and a partnership has the citizenship of all its partners.
Figueroa told the court that she did not consent to dismissal. The defendants represented that they would not contest that the dismissal was involuntary, and the order states that Figueroa thereby preserved her rights under New York Civil Practice Law and Rules § 205.
Disposition
For the reasons stated on the record, the court dismissed the case and directed the Clerk of Court to close it. Judge Edgardo Ramos did not issue a ruling on the underlying claims in the order. The order does not reproduce the reasons given on the record at the conference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.