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S.D.N.Y.Procedural orderFiled July 7, 2020

Label Health v. United American Supply

Full caption

Label Health, LLC v. United American Supply, LLC, David Underwood, Arleta Taylor, and Al Taylor

Judge
Paul Engelmayer
Docket
1:20-cv-05161
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Label Health v. United American Supply, Judge Engelmayer ordered counsel to identify LLC members’ citizenship before the case could proceed.

Who this affects

Label Health, LLC, one defendant that is an LLC, and their counsel are affected because counsel must provide the required member-citizenship information.

What happened

Label Health, LLC v. United American Supply, LLC, David Underwood, Arleta Taylor, and Al Taylor began when Label Health filed a complaint relying only on the parties’ different citizenships as the basis for federal jurisdiction.

The court noted that Label Health and one defendant are limited liability companies. An LLC’s citizenship depends on the citizenship of each of its members, but the complaint did not provide that information.

Judge Engelmayer directed counsel to amend the complaint or file a letter listing the citizenship of each member of Label Health and the LLC defendant by July 24, 2020. The order did not decide the underlying dispute.

The detailed version

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

Case
Label Health v. United American Supply · No. 1:20-cv-05161
Judge
Paul Engelmayer
Date
July 7, 2020

Background

Label Health filed the complaint on July 6, 2020. It alleged that diversity of citizenship was the sole basis for federal subject-matter jurisdiction, meaning the federal court’s authority to hear the case based on the parties’ citizenships.

Jurisdictional issue

The court observed that Label Health and one defendant are limited liability companies. Under the rule cited by the court, an LLC has the citizenship of each of its members. The complaint did not list the citizenship of the members of Label Health or the LLC defendant, so the court could not yet determine whether diversity jurisdiction existed.

Order

The court directed counsel to amend the complaint or file a letter listing the citizenship of every member of Label Health and the LLC defendant by July 24, 2020. The order addressed only whether the complaint adequately established federal jurisdiction; it did not reach the merits of the parties’ dispute.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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