Wolff v. Donguri Management, LLC
- Vincent Briccetti
- 7:22-cv-03502
- U.S. District Court · Southern District of New York
- 1
In Wolff v. Donguri Management, LLC, Judge Briccetti ordered counsel to explain the LLC’s citizenship so the court could assess diversity jurisdiction.
Plaintiff’s counsel must provide information about Donguri Management LLC’s members and citizenship so the court can assess subject matter jurisdiction.
What happened
Kevin Wolff brought Wolff v. Donguri Management, LLC, invoking federal jurisdiction based on the parties’ alleged citizenship.
The complaint described Donguri Management, LLC as a Delaware limited liability company with its principal place of business in Delaware. But it did not identify the citizenship of each individual or entity that owns the LLC.
Judge Briccetti ordered plaintiff’s counsel to submit, by May 11, 2022, a detailed letter explaining the defendant’s citizenship so the court could determine whether it had authority to hear the case.
The detailed version
- Wolff v. Donguri Management, LLC · No. 7:22-cv-03502
- Vincent Briccetti
- May 4, 2022
Background
Kevin Wolff brought this action under the court’s diversity jurisdiction, which generally requires every plaintiff to be a citizen of a different state from every defendant. The complaint alleged that Donguri Management LLC is a Delaware limited liability company and has its principal place of business in Delaware.
Jurisdictional issue
The court explained that a limited liability company has the citizenship of each of its individual or entity members. The complaint did not state the citizenship of Donguri Management LLC’s members. As a result, the court could not yet determine whether complete diversity existed or whether it had subject matter jurisdiction.
Order
Judge Vincent L. Briccetti ordered plaintiff’s counsel to submit, by May 11, 2022, a letter explaining in detail the citizenship of Donguri Management LLC. The order did not decide the underlying claims or state a final disposition of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.