C. v. Hapik Ridge Hill LLC
- Lewis Kaplan
- 1:23-cv-02666
- U.S. District Court · Southern District of New York
- 1
In C. v. Hapik Ridge Hill (NY) LLC, Judge Kaplan ordered an amended complaint by May 4 or remand to state court.
The plaintiffs must file an amended complaint adequately alleging federal jurisdiction by May 4, 2023; otherwise, the action will be remanded to state court. The order also concerns the failure of all defendants to join the notice.
What happened
C. v. Hapik Ridge Hill (NY) LLC involves a complaint invoking federal jurisdiction under a statute covering certain disputes between citizens of different states.
The court said the complaint did not adequately allege the citizenship of one or more people or business entities. It also identified possible problems involving the nature and citizenship of business entities, the timely removal of the action from state court, and the failure of all defendants to join the notice.
Judge Lewis A. Kaplan ordered that an amended complaint adequately alleging federal jurisdiction be filed by May 4, 2023. If that does not happen, the action will be remanded, or returned, to state court.
The detailed version
- C. v. Hapik Ridge Hill LLC · No. 1:23-cv-02666
- Lewis Kaplan
- Apr. 20, 2023
Background
The court stated that jurisdiction was invoked under 28 U.S.C. § 1332. The order does not describe the underlying claims.
Jurisdictional Problems Identified
The court held that the complaint failed to adequately allege the existence of subject-matter jurisdiction, meaning the federal court’s authority to hear the action. The order identified possible deficiencies concerning:
- The citizenship of one or more natural persons; - The citizenship of one or more corporations; - The citizenship of one or more partnerships; - The citizenship of one or more limited liability companies; - The nature and citizenship of one or more business entities; and - The timely removal of the action from state court.
The court also stated that the notice had not been joined in by all defendants.
Order
The court gave the plaintiffs until May 4, 2023, to file an amended complaint adequately alleging subject-matter jurisdiction. The order states that, absent that filing, the action will be remanded to state court. The order addresses jurisdictional requirements and does not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.