WGH Communications, Inc. v. Penachio Malara LLP
- Laura Swain
- 1:19-cv-02230
- U.S. District Court · Southern District of New York
- 2
In WGH Communications v. Penachio Malara LLP, Judge Swain granted amendment, terminated a dismissal motion without prejudice to renewal, and allowed defense counsel to withdraw.
WGH Communications, Inc.; Penachio Malara LLP; Anne Penachio; and Christopher J. Camera, whose request to withdraw as defense counsel was granted.
What happened
WGH Communications, Inc. asked to file a first amended complaint. Its existing complaint relied on diversity jurisdiction but did not allege the citizenship of the members of Penachio Malara LLP.
The court required the amended complaint to include facts showing a basis for federal subject-matter jurisdiction. It also addressed a pending motion to dismiss and defense counsel’s request to withdraw.
Judge Swain granted leave to file the amended complaint, subject to adding the required jurisdictional allegations, and directed filing by March 9, 2020. She terminated the defendants’ motion to dismiss without prejudice to renewal and granted Christopher J. Camera’s motion to withdraw as counsel.
The detailed version
- WGH Communications, Inc. v. Penachio Malara LLP · No. 1:19-cv-02230
- Laura Swain
- Feb. 27, 2020
Background
WGH Communications, Inc. moved for leave to file a First Amended Complaint. Judge Batts had previously granted leave by memorandum endorsement, and the motion was unopposed.
The existing complaint alleged federal jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332, but it did not allege the citizenship of the members of Penachio Malara LLP. The court explained that the citizenship of a business entity other than a corporation is determined by the citizenship of its members.
Rulings
The court granted WGH Communications’ motion for leave to file a First Amended Complaint, subject to modifying the complaint to include allegations sufficient to show a basis for subject-matter jurisdiction. The court directed the plaintiff to file the amended complaint by Monday, March 9, 2020.
The court terminated the motion to dismiss filed by Penachio Malara LLP and Anne Penachio, without prejudice to renewal in light of the forthcoming amended complaint. The court also granted Christopher J. Camera’s motion to withdraw as counsel and requested that the Clerk update the docket.
Classification
This was a procedural order addressing amendment of the pleadings, jurisdictional allegations, a motion to dismiss, and counsel’s withdrawal. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.