Assure Global, LLC v. Anderson
- Lewis Liman
- 1:21-cv-05785
- U.S. District Court · Southern District of New York
- 1
In Assure Global v. Anderson, Judge Liman ordered Assure Global to explain its diversity jurisdiction before deciding whether to dismiss the complaint.
Assure Global must provide the missing citizenship information or risk dismissal of its complaint without prejudice; the pending default-judgment motion could also be dismissed as moot.
What happened
Assure Global, LLC sued Aaron Anderson and Axxeum, LLC, relying on diversity jurisdiction, which generally requires the parties’ citizenship information to be properly pleaded. The complaint did not identify the citizenship of Assure Global, Axxeum, or their members.
The court ordered Assure Global to file a letter by June 7, 2022, explaining why the complaint should not be dismissed for failing to plead diversity jurisdiction. The court said that if Assure Global could not provide the required information, it would dismiss the complaint without prejudice, and the pending request for default judgment would be dismissed as moot.
The court had not yet dismissed the complaint or ruled on the default-judgment request. Judge Lewis J. Liman issued the opinion and order on May 24, 2022.
The detailed version
- Assure Global, LLC v. Anderson · No. 1:21-cv-05785
- Lewis Liman
- May 24, 2022
Background
Assure Global, LLC, doing business as WeShield, sued Aaron Anderson and Axxeum, LLC. The complaint invoked diversity jurisdiction under 28 U.S.C. § 1332. The court explained that a limited liability company has the citizenship of each of its members for diversity-jurisdiction purposes.
Jurisdictional Deficiency
The complaint did not specify the citizenship of Assure Global, Axxeum, or their members. Because that information was missing, the court directed Assure Global to show why the complaint should not be dismissed for failing to plead diversity jurisdiction.
Order
The court ordered Assure Global to file a letter by June 7, 2022, addressing the jurisdictional deficiency. The court stated that, if Assure Global could not do so, the complaint would be dismissed without prejudice. It also stated that the pending motion for default judgment would be dismissed as moot if the complaint were dismissed. The opinion did not itself dismiss the complaint or decide the pending default-judgment motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.