SRI Energy LLC v. Clean Energy Nexus LLC
- Jesse Furman
- 1:22-cv-10431
- U.S. District Court · Southern District of New York
- 3
In SRI Energy v. Clean Energy Nexus, Judge Furman granted SRI’s application for discovery about CEN’s members and extended the complaint-amendment deadline.
SRI Energy LLC received permission to seek information about Clean Energy Nexus LLC’s ownership for determining federal jurisdiction and received the requested additional time to amend its complaint. Clean Energy Nexus LLC was the entity from which the requested information was to be sought.
What happened
SRI Energy LLC sued Clean Energy Nexus LLC, but the court required SRI to identify the citizenship of the entities and people connected to both sides. SRI said it could not find Clean Energy Nexus’s membership information publicly.
SRI asked for limited discovery requiring Clean Energy Nexus to identify its members, their locations or incorporation states, and any members of those members. SRI also asked for more time to amend its complaint after receiving that information.
Judge Jesse Furman granted SRI’s application and directed the Clerk to terminate docket entry 8. The order does not separately restate the detailed discovery terms or the extended deadline.
The detailed version
- SRI Energy LLC v. Clean Energy Nexus LLC · No. 1:22-cv-10431
- Jesse Furman
- Dec. 27, 2022
Background
SRI Energy LLC asked the Southern District of New York for limited jurisdictional discovery. Jurisdictional discovery is information-gathering about facts needed to determine whether a federal court has authority to hear a case. The request followed the court’s December 12, 2022 order requiring SRI to amend its complaint by December 30, 2022, to allege the citizenship of each person or entity comprising SRI and Clean Energy Nexus LLC. The earlier order stated that the complaint would be dismissed for lack of subject-matter jurisdiction if SRI could not truthfully allege complete diversity of citizenship.
SRI stated that Clean Energy Nexus is a Delaware limited liability company registered to do business only in Delaware, but that publicly available records did not identify its members. SRI said it had investigated entity databases and state records and had no factual reason to believe that any Clean Energy Nexus member was domiciled in Michigan. SRI also stated that SRI and its sole member are domiciled in Michigan.
Requested Relief
SRI asked the court to require Clean Energy Nexus to identify its members and their domiciles or states of incorporation. If any member was itself a limited liability company, SRI asked for identification of that entity’s members and their corresponding information, continuing until individual people were identified. SRI requested that the information be provided within 30 days after Clean Energy Nexus was served. SRI also requested an extension of the time to amend its complaint until 14 days after Clean Energy Nexus provided the requested information.
Ruling
The court marked SRI’s application “GRANTED” and directed the Clerk of Court to terminate docket entry 8. The order does not separately describe the specific discovery requirements or repeat the requested deadline extension, but the granted application was the letter seeking those forms of relief. Judge Jesse M. Furman issued the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.