ABRO Management Corp. v. Midvale Indemnity Company
- Sidney Stein
- 1:20-cv-07030
- U.S. District Court · Southern District of New York
- 1
In ABRO Management Corp. v. Midvale Indemnity Company, Judge Stein ordered Dual Commercial LLC to disclose member citizenship before deciding remand.
Dual Commercial LLC must provide the citizenship of each of its members. The order also affects ABRO Management Corp. and Midvale Indemnity Company because the information is needed to determine whether the federal court can hear the case and decide ABRO’s request for remand.
What happened
In ABRO Management Corp. v. Midvale Indemnity Company, Midvale removed ABRO Management Corp.’s state-court case to federal court, claiming the court had diversity jurisdiction.
ABRO asked the federal court to send the case back to New York State Supreme Court. The defendants responded, but they did not identify the citizenship of every member of Dual Commercial LLC, which is required to evaluate diversity jurisdiction.
Judge Sidney H. Stein ordered Dual Commercial LLC to provide the citizenship of each member by September 15, 2020, at noon. The order did not decide the request to send the case back or the underlying dispute.
The detailed version
- ABRO Management Corp. v. Midvale Indemnity Company · No. 1:20-cv-07030
- Sidney Stein
- Sept. 10, 2020
Background
Midvale Indemnity Company removed the action from New York State Supreme Court, New York County, to the U.S. District Court for the Southern District of New York. Midvale relied on diversity jurisdiction under 28 U.S.C. § 1332, which generally requires the parties to be citizens of different states and the other statutory requirements to be satisfied.
ABRO Management Corp. moved for remand, meaning that it asked the federal court to return the case to state court. The court explained that a limited liability company has the citizenship of each of its members when diversity jurisdiction is evaluated.
Jurisdictional information
The defendants filed a joint response to the remand motion, but the response did not identify the citizenship of each member of Dual Commercial LLC. The court therefore lacked a sufficient basis to determine whether it had subject-matter jurisdiction under Section 1332.
Order
Judge Sidney H. Stein ordered Dual Commercial LLC to inform the court of the citizenship of each of its members by September 15, 2020, at 12:00 p.m. The order required additional jurisdictional information; it did not state a final ruling on ABRO’s motion to remand or reach the merits of the underlying action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.