Rose v. Mesabi Metallics Company LLC
- Alvin Hellerstein
- 1:22-cv-05832
- U.S. District Court · Southern District of New York
- 1
Rose v. Mesabi Metallics was dismissed for lack of jurisdiction, with permission to replead, in Judge Hellerstein’s order.
Jonathan Rose and Mesabi Metallics Company LLC; the complaint was dismissed for lack of jurisdiction, but Rose was allowed to replead the citizenship allegations within 30 days.
What happened
In Rose v. Mesabi Metallics Company LLC, Jonathan Rose sued Mesabi Metallics Company LLC based on diversity jurisdiction. Rose alleged that he was a New York citizen and that Mesabi was a Minnesota limited liability company.
The court explained that a limited liability company’s citizenship depends on the citizenship of each of its members. Rose did not identify Mesabi’s members or allege their citizenship, so the complaint did not adequately establish federal jurisdiction.
Judge Alvin K. Hellerstein dismissed the complaint for lack of jurisdiction, while allowing Rose to file an amended complaint establishing diverse citizenship within 30 days of the order.
The detailed version
- Rose v. Mesabi Metallics Company LLC · No. 1:22-cv-05832
- Alvin Hellerstein
- Aug. 10, 2022
Background
Jonathan Rose sued Mesabi Metallics Company LLC. The complaint identified diversity of citizenship under 28 U.S.C. § 1332(a)(1) as the basis for federal jurisdiction. Rose alleged that he was a citizen of New York and that Mesabi was a Minnesota limited liability company.
Jurisdictional Problem
For diversity jurisdiction, the parties must be citizens of different states. The court explained that a limited liability company is considered a citizen of every state in which its members are citizens. The complaint did not identify Mesabi’s members or allege their citizenship. As a result, the complaint did not adequately establish that the parties were citizens of different states.
Ruling
The order dismissed the complaint for lack of jurisdiction. Judge Alvin K. Hellerstein granted Rose leave to replead an adequate basis for diverse citizenship no later than 30 days after the order. The opinion does not address the merits of Rose’s underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.