Patrick M. Carroll v. Namecheap, Inc.

Background

Patrick M. Carroll brought the action against Namecheap, Inc. and John and Jane Does. The complaint invoked subject-matter jurisdiction under 28 U.S.C. § 1332, the federal diversity-jurisdiction statute.

Jurisdictional Deficiencies

The court determined that the complaint did not adequately allege the existence of subject-matter jurisdiction. The order identified possible deficiencies concerning the citizenship of one or more natural persons, corporations, partnerships, limited liability companies, or other business entities. It also noted that the complaint did not allege the citizenship of the Doe defendants. The order additionally listed the timely removal of the action from state court as a possible issue, although the text does not state that removal occurred.

Required Filing and Warning

The court ordered that, by July 14, 2022, Carroll must either file an amended complaint adequately alleging subject-matter jurisdiction and deleting the Doe defendants, or file a memorandum demonstrating that the Doe defendants’ citizenship did not affect diversity jurisdiction at that stage of the case. The court stated that, absent that filing, the case would be dismissed for lack of subject-matter jurisdiction. The order itself does not state that the case was dismissed.

Disposition

This was a procedural jurisdictional order. Judge Lewis A. Kaplan did not decide the underlying claims; he required a filing addressing the complaint’s allegations of subject-matter jurisdiction and warned of dismissal if the required filing was not made.