Anderson v. Pathak
- Analisa Torres
- 1:20-cv-11005
- U.S. District Court · Southern District of New York
- 2
In Anderson v. Pathak, Judge Torres dismissed the first amended complaint without prejudice because the plaintiff failed to establish diversity jurisdiction.
Clinton Anderson’s first amended complaint was dismissed without prejudice, and the case was closed; the order concerned the defendants named in the action as well.
What happened
Anderson v. Pathak involved Clinton Anderson’s claim for personal injuries from a motor vehicle accident that he said resulted from the defendants’ negligence.
Anderson relied on diversity jurisdiction, which requires properly alleging the parties’ citizenship. The court repeatedly instructed him to identify the members of Yellow Dog Leasing, LLC and, for any corporate members, their places of incorporation and principal places of business. He did not provide that information.
Judge Analisa Torres dismissed the first amended complaint without prejudice for lack of subject-matter jurisdiction and directed the Clerk of Court to close the case.
The detailed version
- Anderson v. Pathak · No. 1:20-cv-11005
- Analisa Torres
- May 3, 2021
Background
Clinton Anderson filed an action seeking relief for personal injuries from a motor vehicle accident allegedly caused by the negligence of Bharatkum Pathak, individually and as an agent, servant, or employee of Fombrun Sejour and Yellow Dog Leasing, LLC. Anderson invoked federal jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332.
Jurisdictional Allegations
The court told Anderson that he had not adequately alleged Yellow Dog Leasing, LLC’s citizenship and ordered him to amend his pleading. Anderson later moved for leave to amend, but did not identify the natural-person members of the limited liability company or, for any corporate members, their places of incorporation and principal places of business.
The court issued additional orders on March 24 and April 16, 2021, repeating those requirements. The April 16 order warned that the complaint would be dismissed for lack of subject-matter jurisdiction if Anderson did not respond within the allowed time. Anderson’s April 30 filing still did not identify the members of Yellow Dog Leasing, LLC; it stated only that the company was a resident of Delaware.
Ruling
Judge Analisa Torres dismissed the first amended complaint without prejudice for lack of subject-matter jurisdiction. The court directed the Clerk of Court to close the case. The order resolved the matter on the issue of diversity jurisdiction and did not address the merits of the personal-injury negligence claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.