Mark Edward Partners LLC v. Cosgrove
- Laura Swain
- 1:20-cv-03766
- U.S. District Court · Southern District of New York
- 2
In Mark Edward Partners LLC v. Cosgrove, Judge Swain ordered plaintiff to clarify its members’ citizenship or explain why dismissal for lack of jurisdiction was unwarranted.
Mark Edward Partners LLC must provide information about the citizenship of its members or explain why the case should not be dismissed for lack of subject-matter jurisdiction by June 2, 2020.
What happened
Mark Edward Partners LLC sued William P. Cosgrove and Lockton Insurance Brokers, Inc. The complaint claimed federal jurisdiction because the parties were citizens of different states, but it did not identify the citizenship of Mark Edward Partners LLC’s members.
The court explained that an LLC’s citizenship depends on the citizenship of all its members. Without that information, the court could not determine whether it had authority to hear the case.
Judge Laura Taylor Swain ordered Mark Edward Partners LLC to file and serve a supplement containing enough jurisdictional facts by June 2, 2020, or to explain in writing why the case should not be dismissed for lack of subject-matter jurisdiction. The order did not decide the underlying dispute.
The detailed version
- Mark Edward Partners LLC v. Cosgrove · No. 1:20-cv-03766
- Laura Swain
- May 18, 2020
Background
Mark Edward Partners LLC filed a complaint against William P. Cosgrove and Lockton Insurance Brokers, Inc. on May 15, 2020. The complaint asserted federal subject-matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332.
Jurisdictional issue
The court reviewed the complaint and found that it did not allege the citizenship of the members of Mark Edward Partners LLC. For diversity-jurisdiction purposes, the citizenship of a business entity other than a corporation is determined by the citizenship of its members. The court cited Rule 12(h)(3), which requires dismissal if the court determines that it lacks subject-matter jurisdiction.
Order
Judge Laura Taylor Swain ordered the plaintiff, no later than June 2, 2020, to file and serve a supplement to the complaint containing allegations sufficient to demonstrate a basis for subject-matter jurisdiction. Alternatively, the plaintiff had to show cause in writing why the case should not be dismissed for lack of subject-matter jurisdiction. The order did not resolve the merits of the parties’ underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.