Germantom International GmbH v. Epoch Media Group, LLC
- Alvin Hellerstein
- 1:19-cv-10306
- U.S. District Court · Southern District of New York
- 1
In Germantom International GmbH v. Epoch Media Group, Judge Hellerstein dismissed the complaint for lack of diversity jurisdiction, allowing amendment.
Germantom International GmbH's complaint was dismissed, but the company was allowed to replead the jurisdictional allegations within 30 days.
What happened
Germantom International GmbH v. Epoch Media Group, LLC concerned a lawsuit that claimed federal jurisdiction based on the parties' different citizenships. The plaintiff was identified as a German corporation, and the defendant was a limited liability company.
The court explained that a limited liability company has the citizenship of each of its members. The complaint did not identify Epoch Media Group's members or allege their citizenship, so it did not adequately establish diversity jurisdiction.
Judge Alvin K. Hellerstein dismissed the complaint for lack of jurisdiction, with leave to file an amended complaint establishing diverse citizenship within 30 days of the order.
The detailed version
- Germantom International GmbH v. Epoch Media Group, LLC · No. 1:19-cv-10306
- Alvin Hellerstein
- Dec. 20, 2019
Background
Germantom International GmbH sued Epoch Media Group, LLC. The complaint relied on diversity jurisdiction under 28 U.S.C. § 1332. The opinion identifies Germantom as a German corporation.
Jurisdictional issue
For diversity jurisdiction, the parties must be citizens of different states, and the jurisdictional requirements must be adequately alleged. The court explained that a limited liability company is considered a citizen of every state where its members are citizens. Germantom did not identify Epoch Media Group's members or allege their citizenship.
Ruling
Judge Alvin K. Hellerstein ordered that the complaint be dismissed for lack of jurisdiction, with leave to replead an adequate basis for diverse citizenship no later than 30 days from the order. The opinion does not address the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.