Newton v. Meyer
- John Cronan
- 1:22-cv-00540
- U.S. District Court · Southern District of New York
- 1
In Newton v. Meyer, Judge Torres ordered Newton to identify NBC Universal Media LLC’s members’ citizenship or face dismissal for lack of jurisdiction.
Joshua Newton must amend his complaint by February 15, 2022, to allege the citizenship of each member of NBC Universal Media LLC. If he does not truthfully establish complete diversity, the complaint will be dismissed for lack of subject matter jurisdiction.
What happened
In Newton v. Meyer, Joshua Newton sued Ronald Meyer and NBC Universal Media LLC, relying on diversity jurisdiction, which allows federal courts to hear certain disputes between citizens of different states. The court found that the complaint did not adequately identify the citizenship information needed for NBC Universal Media LLC.
The court ordered Newton to amend his complaint by February 15, 2022. The amended complaint must identify the citizenship of every person or entity that is a member of the limited liability company, including the required information for any corporate members.
If Newton does not amend the complaint by the deadline and truthfully establish complete diversity, the complaint will be dismissed for lack of subject matter jurisdiction. Judge Analisa Torres issued the order on January 26, 2022.
The detailed version
- Newton v. Meyer · No. 1:22-cv-00540
- John Cronan
- Jan. 26, 2022
Background
Joshua Newton brought an action against Ronald Meyer and NBC Universal Media LLC. The complaint invoked diversity jurisdiction under 28 U.S.C. § 1332. Diversity jurisdiction requires the complaint to establish the citizenship of the relevant parties and complete diversity between opposing parties.
Court’s analysis
The court explained that if NBC Universal Media LLC is a limited liability company, the complaint must allege the citizenship of each of its members. If a member is a natural person, the complaint must allege that person’s citizenship. If a member is a corporation, the complaint must allege its place of incorporation and principal place of business. The opinion does not determine whether the complaint ultimately establishes complete diversity; it directs Newton to provide the required information.
Order and effect
By February 15, 2022, Newton must amend his pleading to truthfully allege the citizenship of each person or entity that is a constituent member of NBC Universal Media LLC. The court stated that if Newton fails to amend by that date and establish complete diversity, the complaint will be dismissed for lack of subject matter jurisdiction. Judge Analisa Torres issued the order; the opinion is not signed by the judge identified in the supplied metadata.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.