Breuninger v. T. Edward Williams
- John Cronan
- 1:20-cv-07033
- U.S. District Court · Southern District of New York
- 2
In Breuninger v. T. Edward Williams, Judge Cronan ordered plaintiffs to amend their complaint to properly plead diversity jurisdiction and clarify one claim.
Richard Breuninger and ITGA, LLC were required to amend their complaint by December 30, 2020; the action also concerns the claims against T. Edward Williams, Jane Doe Williams, and Peyrot and Associates, P.C.
What happened
In Breuninger v. T. Edward Williams, Richard Breuninger and ITGA, LLC sued T. Edward Williams, Jane Doe Williams, and Peyrot and Associates, P.C., relying on diversity of citizenship for federal jurisdiction.
The court said the complaint needed to properly allege the individuals’ domiciles and the citizenship of ITGA, LLC’s members. It also required clarification of the claims against Jane Doe Williams. Plaintiffs were ordered to amend the pleading by December 30, 2020.
Judge John P. Cronan ordered the amendment and stated that the complaint will be dismissed for lack of subject matter jurisdiction if plaintiffs do not amend by the deadline.
The detailed version
- Breuninger v. T. Edward Williams · No. 1:20-cv-07033
- John Cronan
- Dec. 23, 2020
Background
Richard Breuninger and ITGA, LLC brought the action against T. Edward Williams, Jane Doe Williams, and Peyrot and Associates, P.C. The complaint invoked diversity of citizenship under 28 U.S.C. § 1332, which can provide federal jurisdiction when the opposing parties are citizens of different states and other statutory requirements are met.
Jurisdictional pleading issue
The court explained that if Richard Breuninger, T. Edward Williams, and Jane Doe Williams are individuals, the complaint must allege their domiciles rather than merely identify them as individuals. The court also explained that if ITGA, LLC is a limited liability company, its citizenship generally depends on the citizenship of each of its members. The opinion does not determine whether complete diversity actually exists; it states that the complaint did not properly allege it.
Required amendment and disposition
The court also stated that the amended complaint must clarify the claims against Jane Doe Williams. It ordered plaintiffs to amend their pleading by December 30, 2020, to properly allege complete diversity of citizenship. The court stated that if plaintiffs failed to amend by that date, the complaint would be dismissed for lack of subject matter jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.