S & P Investment Group, LLC v. Kingdom Materials Holdings LLC
- Ronnie Abrams
- 1:20-cv-02112
- U.S. District Court · Southern District of New York
- 1
In S&P Investment Group v. Kingdom Materials, Judge Abrams ordered most parties to disclose LLC members’ citizenship so the court could assess diversity jurisdiction.
The plaintiff and defendants other than Michael Blubaugh were ordered to provide information about their LLC members’ citizenship; the information was needed for the court to assess subject-matter jurisdiction.
What happened
S&P Investment Group, LLC v. Kingdom Materials Holdings LLC is a contract case in which the plaintiff claimed that federal jurisdiction existed because the parties were citizens of different states.
The plaintiff and two of the three defendants are limited liability companies. The court explained that an LLC’s citizenship depends on the citizenship of its members, but neither party had provided that information.
The court ordered all parties except Michael Blubaugh to send a letter by December 23, 2020, identifying the citizenship of each member. Judge Ronnie Abrams did not make a final jurisdictional determination in this order.
The detailed version
- S & P Investment Group, LLC v. Kingdom Materials Holdings LLC · No. 1:20-cv-02112
- Ronnie Abrams
- Dec. 18, 2020
Background
The plaintiff brought a contract action and asserted that the court had diversity jurisdiction under 28 U.S.C. § 1332. The plaintiff and two of the three defendants are limited liability companies.
Jurisdictional Issue
For diversity-jurisdiction purposes, the citizenship of a limited liability company is determined by the citizenship of its members. The court stated that neither party had informed it of the members’ citizenship. Without that information, the court could not determine whether it had subject-matter jurisdiction over the action.
Order
The court ordered the parties, other than Defendant Michael Blubaugh, to submit a letter no later than December 23, 2020, detailing the citizenship of each of their members. Judge Ronnie Abrams did not otherwise resolve the contract claims or make a final ruling on whether diversity jurisdiction existed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.