Tomassetti v. Little Giant Ladder Systems, LLC
- Vincent Briccetti
- 7:22-cv-02587
- U.S. District Court · Southern District of New York
- 2
Tomassetti v. Little Giant Ladder Systems: Judge Briccetti ordered plaintiffs to explain citizenship because the complaint did not establish diversity jurisdiction.
Adelmo Tomassetti, Rose Tomassetti, and Little Giant Ladder Systems, LLC; the order specifically required the plaintiffs’ counsel to provide additional citizenship information.
What happened
In Tomassetti v. Little Giant Ladder Systems, the plaintiffs brought a lawsuit relying on diversity jurisdiction, which allows federal courts to hear certain disputes between citizens of different states.
The complaint said the plaintiffs lived in New York and that Little Giant Ladder Systems, LLC was organized and had its main business location in Utah. But it did not identify the plaintiffs’ citizenship or the citizenship of every member of the LLC.
The court ordered the plaintiffs’ lawyer to submit a detailed letter by April 7, 2022, explaining each party’s citizenship so the court could determine whether it had jurisdiction. Judge Vincent L. Briccetti did not decide the underlying dispute.
The detailed version
- Tomassetti v. Little Giant Ladder Systems, LLC · No. 7:22-cv-02587
- Vincent Briccetti
- Mar. 31, 2022
Background
Adelmo Tomassetti and Rose Tomassetti brought the action against Little Giant Ladder Systems, LLC, formerly known as Wing Enterprises, Inc. The plaintiffs invoked diversity jurisdiction under 28 U.S.C. § 1332.
Jurisdictional issue
For diversity jurisdiction, every plaintiff must be a citizen of a different state from every defendant. An individual’s citizenship is based on domicile—the person’s fixed home and intended permanent place of return—not merely residence. An LLC has the citizenship of each of its individual or entity members.
The complaint alleged that the plaintiffs were residents of New York, but it did not allege their citizenship. It also alleged that Little Giant Ladder Systems, LLC was organized under Utah law and had its principal place of business in Utah, but it did not identify each member of the LLC or each member’s citizenship.
Court’s action
The court ordered plaintiffs’ counsel to submit, by April 7, 2022, a letter explaining in detail the citizenship of each party. The purpose was to allow the court to determine whether subject matter jurisdiction existed. Judge Vincent L. Briccetti did not reach the merits of the plaintiffs’ claims or dismiss the action in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.