Aspen American Insurance Company v. Allstate Sprinkler, LLC
- P. Castel
- 1:23-cv-04850
- U.S. District Court · Southern District of New York
- 2
In Aspen American v. Allstate Sprinkler, Judge Castel ordered citizenship information or proof of corporate status before deciding whether diversity jurisdiction exists.
Aspen American Insurance Company and Allstate Sprinkler, LLC; the order requires Aspen American to clarify Allstate Sprinkler’s legal status and citizenship before the action can proceed in federal court.
What happened
Aspen American Insurance Company, acting for 31st Street Zef LLC, sued Allstate Sprinkler, LLC, relying on federal jurisdiction based on the parties’ citizenship. The complaint described Allstate Sprinkler both as an LLC and as a New York corporation.
The court explained that an LLC’s citizenship depends on the citizenship of each member. Aspen American therefore must either amend the complaint to identify every member’s citizenship or provide an affidavit and documents showing that Allstate Sprinkler is actually a corporation.
The court gave Aspen American 14 days to comply. If it does not comply, cannot truthfully establish the required citizenship, or does not provide the affidavit, the action will be dismissed for lack of federal jurisdiction without further notice. Judge Castel did not decide the underlying dispute.
The detailed version
- Aspen American Insurance Company v. Allstate Sprinkler, LLC · No. 1:23-cv-04850
- P. Castel
- June 28, 2023
Background
Aspen American Insurance Company, acting as the subrogee of 31st Street Zef LLC, brought the action against Allstate Sprinkler, LLC. The complaint invoked diversity jurisdiction, which allows a federal court to hear certain disputes involving parties with different citizenships.
The complaint alleged that Allstate Sprinkler was a domestic business corporation organized under New York law and located in New York, while the defendant’s name identified it as an LLC. The court stated that these allegations appeared internally inconsistent.
Jurisdictional requirement
The court explained that when an LLC is a party to a diversity action, the complaint must allege the citizenship of every member of the LLC. If a corporation is a member, the filing must identify the corporation’s state of incorporation and principal place of business.
Order
Within 14 days, Aspen American must either amend the complaint to allege the citizenship of each member of Allstate Sprinkler, LLC, or submit an affidavit with documentary evidence establishing that Allstate Sprinkler is a corporation rather than an LLC. If Aspen American fails to amend, cannot truthfully allege diversity of citizenship, or fails to submit the required affidavit, the action will be dismissed for lack of subject matter jurisdiction without further notice.
Judge P. Castel’s order addressed only whether the court had enough information to establish federal jurisdiction. It did not resolve the parties’ underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.