Regueiro v. Galaxy Restaurants Catering Group
Regueiro v. Galaxy Restaurants Catering Group, LP, d/b/a Constellation Culinary Group
- Paul Engelmayer
- 1:22-cv-04581
- U.S. District Court · Southern District of New York
- 2
In Regueiro v. Galaxy Restaurants, Judge Engelmayer granted leave to amend the complaint to establish diversity jurisdiction.
David Regueiro and the defendants, including Galaxy Restaurants Catering Group, LP, because the court required an amended complaint to establish federal jurisdiction and warned that the complaint would otherwise be dismissed without prejudice.
What happened
In Regueiro v. Galaxy Restaurants Catering Group, LP, d/b/a Constellation Culinary Group, David Regueiro based federal jurisdiction only on the parties’ alleged diverse citizenship. The complaint identified Galaxy as a Delaware limited partnership headquartered in Philadelphia but did not identify the citizenship of its partners.
The court explained that a limited partnership has the citizenship of each partner. It therefore required an amended complaint identifying the citizenship of any individual partners and the incorporation state and principal place of business of any corporate partners.
The court granted Regueiro leave to amend by July 19, 2022. Judge Paul A. Engelmayer stated that if Regueiro could not truthfully allege complete diversity, the complaint would be dismissed without prejudice for lack of subject-matter jurisdiction.
The detailed version
- Regueiro v. Galaxy Restaurants Catering Group · No. 1:22-cv-04581
- Paul Engelmayer
- July 12, 2022
Background
David Regueiro filed a complaint asserting that diversity of citizenship was the sole basis for federal jurisdiction. The complaint described Galaxy Restaurants Catering Group, LP, as a Delaware limited partnership headquartered in Philadelphia, but it did not allege the citizenship of Galaxy’s partners.
Court’s Analysis
The court explained that a limited partnership has the citizenship of each of its general and limited partners. To determine whether complete diversity exists, an amended complaint must allege the citizenship of natural-person partners and, for corporate partners, each entity’s state of incorporation and principal place of business.
Ruling
The court granted Regueiro leave to amend the complaint under Federal Rule of Civil Procedure 15(a)(2), requiring him to allege the citizenship of all partners in the limited partnership by July 19, 2022. The court stated that if he could not truthfully allege complete diversity based on the citizenship of every partner, the complaint would be dismissed without prejudice for lack of subject-matter jurisdiction. Judge Paul A. Engelmayer signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.