Glotser v. Boardwalk Regency, LLC
- John Cronan
- 1:20-cv-02654
- U.S. District Court · Southern District of New York
- 2
In Glotser v. Boardwalk Regency, Judge Cronan ordered a conference to examine jurisdiction, venue, and governing state law.
Elena Glotser and Boardwalk Regency LLC were required to address the court’s concerns about subject-matter jurisdiction, venue, and governing state law.
What happened
In Glotser v. Boardwalk Regency, the court examined whether it had authority to hear the case based on the parties’ citizenship. The amended complaint identified Elena Glotser as a New York resident but did not identify the citizenship of each member of Boardwalk Regency LLC, which is required for this type of jurisdiction.
The court also directed the parties to be prepared to discuss whether the Southern District of New York was the proper location for the case and whether transferring it elsewhere might be appropriate. They were also asked to address which state’s law should govern the dispute.
Judge John P. Cronan ordered the parties to appear by telephone for a conference on January 31, 2022. The order did not decide the dispute’s merits or dismiss the case.
The detailed version
- Glotser v. Boardwalk Regency, LLC · No. 1:20-cv-02654
- John Cronan
- Jan. 26, 2022
Background
The action was brought under diversity jurisdiction, which allows a federal court to hear certain disputes involving citizens of different states. The court explained that the parties must be completely diverse for this jurisdiction to apply. For a limited liability company, citizenship depends on the citizenship of each of its members.
The amended complaint alleged that Elena Glotser was a resident of New York. It described Boardwalk Regency LLC as a domestic corporation formed under New York law and as a foreign corporation authorized to do business in New York and New Jersey. The complaint did not allege the citizenship of each member of Boardwalk Regency LLC.
Court’s Order
The court ordered the parties to appear by telephone for a conference on January 31, 2022. The parties were directed to be prepared to discuss the citizenship of each member of Boardwalk Regency LLC and whether the court had subject-matter jurisdiction, meaning legal authority to hear the case.
The parties were also directed to discuss whether venue—the proper federal court location—was appropriate in the Southern District of New York under 28 U.S.C. § 1391, whether transfer to another district might be appropriate, and which state’s law should govern the dispute.
Effect of the Order
Judge John P. Cronan did not rule on the underlying dispute. The order instead required further discussion of jurisdiction, venue, and governing law. The opinion does not state that the action was dismissed, transferred, or otherwise finally resolved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.