Diaz v. Motivate LLC
- Rochon
- 1:22-cv-05482
- U.S. District Court · Southern District of New York
- 1
In Diaz v. Motivate LLC, Judge Rochon ordered Plaintiff to explain whether the court has diversity jurisdiction over the purported class action.
The plaintiffs, including Hector Diaz, and Motivate LLC are affected because the court is requiring Plaintiff to address whether the federal court has jurisdiction over the purported class action.
What happened
Diaz v. Motivate LLC concerns whether the Southern District of New York has diversity jurisdiction over a purported class action. The court noted that the named plaintiff, Hector Diaz, is alleged to be a New York citizen, while Motivate LLC is alleged to be organized in New York under Delaware law.
The court directed Plaintiff to show cause at the November 15, 2022 initial conference why diversity jurisdiction exists. It identified the Class Action Fairness Act rule that an unincorporated association is treated as a citizen of the state where it has its main place of business and the state whose laws organized it.
Judge Jennifer L. Rochon ordered the parties to be prepared to address that jurisdictional issue. The opinion does not decide whether the court has jurisdiction.
The detailed version
- Diaz v. Motivate LLC · No. 1:22-cv-05482
- Rochon
- Nov. 10, 2022
Background
The action is described as a purported class action. The opinion states that the named plaintiff, Hector Diaz, is alleged to be a citizen of New York State. Motivate LLC is alleged to be a foreign limited liability company organized in Kings County, New York, and existing under Delaware law.
Jurisdictional issue
The court raised whether it has diversity jurisdiction. Under the Class Action Fairness Act, an unincorporated association is treated as a citizen of the state where it has its principal place of business and the state under whose laws it is organized. The court cited a prior Southern District of New York decision applying that rule to a limited liability company.
Order
The court ordered Plaintiff to show cause at the November 15, 2022 initial conference why the court has diversity jurisdiction over the purported class action. The parties were directed to be prepared to address the applicable jurisdictional law. The opinion does not make a final ruling on whether diversity jurisdiction exists.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.