Silony Medical International, AG v. SWK Funding LLC
- Analisa Torres
- 1:23-cv-01784
- U.S. District Court · Southern District of New York
- 1
In Silony Medical v. SWK Funding, Judge Torres ordered an amended diversity-jurisdiction pleading and warned the complaint will be dismissed if the required citizenship details are not supplied.
Silony Medical International, AG must amend its pleading to provide the required citizenship allegations concerning SWK Funding LLC; the complaint may be dismissed for lack of subject matter jurisdiction if it does not do so by March 8, 2023.
What happened
In Silony Medical International, AG v. SWK Funding LLC, the plaintiff relied on diversity jurisdiction, which requires the parties to be citizens of different states. The court questioned whether the complaint properly identified SWK Funding LLC’s citizenship.
The court ordered Silony Medical to amend its pleading by March 8, 2023. If SWK Funding is a limited liability company, the amended pleading must identify the citizenship of each member, including required information for any individual or corporate members.
Judge Analisa Torres did not decide the underlying dispute. She ordered the amendment and stated that the complaint will be dismissed for lack of subject matter jurisdiction if Silony Medical does not timely and truthfully allege complete diversity.
The detailed version
- Silony Medical International, AG v. SWK Funding LLC · No. 1:23-cv-01784
- Analisa Torres
- Mar. 3, 2023
Background
Silony Medical International, AG brought the action against SWK Funding LLC and invoked diversity jurisdiction under 28 U.S.C. § 1332. The opinion does not describe the underlying claims.
Jurisdictional issue
The court stated that, if SWK Funding LLC is in fact a limited liability company, the complaint must allege the citizenship of the individuals who are members of the company. It must also identify the place of incorporation and principal place of business of any corporate entities that are members. For diversity-jurisdiction purposes, the court explained that a limited liability company has the citizenship of each of its members.
Ruling
The court ordered Silony Medical to amend its pleading by March 8, 2023, to allege the citizenship of each constituent person or entity. The court stated that if Silony Medical fails to amend by that date to truthfully allege complete diversity based on the citizenship of each constituent person or entity of SWK Funding LLC, the complaint will be dismissed for lack of subject matter jurisdiction. The order did not decide the merits of the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.