M&K Imports, LLC v. Rejuveneda Medical Group, Inc.
- Vincent Briccetti
- 7:22-cv-02606
- U.S. District Court · Southern District of New York
- 2
In M&K Imports v. Rejuvenada Medical Group, Judge Briccetti ordered more information about citizenship before deciding federal jurisdiction.
M&K Imports, LLC and Crocker Law Firm PLLC were directly affected because the court required information about their members’ citizenships to determine whether diversity jurisdiction existed. M&K’s counsel was ordered to provide that information by April 7, 2022.
What happened
M&K Imports, LLC v. Rejuvenada Medical Group, Inc. is a lawsuit in which M&K invoked federal jurisdiction based on the parties being citizens of different states. M&K alleged that it is organized in New York and has its principal place of business in Mount Vernon, New York.
The court explained that a limited liability company’s citizenship depends on the citizenship of each member. M&K did not identify its members or their citizenships, and it also did not identify the members or citizenships of defendant Crocker Law Firm PLLC. The court therefore could not yet determine whether complete diversity existed.
Judge Vincent L. Briccetti ordered M&K’s lawyer to submit a detailed letter by April 7, 2022, explaining the citizenship of M&K and Crocker Law Firm PLLC. The order did not decide the parties’ underlying dispute or reach the merits of the claims.
The detailed version
- M&K Imports, LLC v. Rejuveneda Medical Group, Inc. · No. 7:22-cv-02606
- Vincent Briccetti
- Mar. 31, 2022
Background
M&K Imports, LLC brought the action against Rejuvenada Medical Group, Inc., doing business as Regenervada, Thom E. Lobe, Patrick D. Crocker, and Crocker Law Firm PLLC, also known as Crocker & Crocker. M&K invoked subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332. Subject matter jurisdiction is the court’s authority to hear a case.
Jurisdictional issue
The court explained that diversity jurisdiction requires complete diversity: every plaintiff must be a citizen of a different state from every defendant. The court also explained that a limited liability company has the citizenship of each of its individual or entity members.
M&K alleged that it was organized in New York and had its principal place of business in Mount Vernon, New York. M&K alleged that Crocker Law Firm PLLC was organized in Michigan and maintained a business address in Kalamazoo, Michigan. But M&K did not identify its own members or their citizenships, or the members of Crocker Law Firm PLLC or their citizenships. The opinion therefore did not provide enough information for the court to determine whether complete diversity existed.
Order
The court ordered M&K’s counsel to submit, by April 7, 2022, a letter explaining in detail the citizenship of M&K Imports, LLC and Crocker Law Firm PLLC. The order addressed only whether the court could determine its subject matter jurisdiction; it did not rule on the merits of the lawsuit or state a final disposition of the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.