Antus v. Frontrunner Technologies USA, Inc.
- Jesse Furman
- 1:23-cv-07058
- U.S. District Court · Southern District of New York
- 1
In Antus v. Frontrunner Technologies, Judge Furman ordered an amended complaint identifying the parties’ citizenship or the case will be dismissed without prejudice.
Jeannine Antus must amend her complaint to allege each party’s citizenship by August 23, 2023, or the case will be dismissed without prejudice. The opinion does not impose a present obligation on the defendants.
What happened
In Antus v. Frontrunner Technologies USA, Inc., Jeannine Antus invoked diversity jurisdiction, which allows federal courts to hear disputes involving citizens of different states. Her complaint alleged the parties’ states of residence, but not their citizenship or domicile.
The court explained that residence alone does not establish citizenship for diversity jurisdiction. It therefore directed Antus to file an amended complaint properly alleging each party’s citizenship.
Judge Jesse M. Furman ordered Antus to file the amended complaint by August 23, 2023. He stated that if she did not establish the court’s subject-matter jurisdiction, the court would dismiss the case without prejudice and without further notice.
The detailed version
- Antus v. Frontrunner Technologies USA, Inc. · No. 1:23-cv-07058
- Jesse Furman
- Aug. 16, 2023
Background
On August 10, 2023, Jeannine Antus filed a complaint invoking diversity jurisdiction under 28 U.S.C. § 1332. The complaint stated that the parties were residents of different states and identified their states of residence.
Court’s Analysis
The court explained that allegations of residence are insufficient to establish citizenship for diversity jurisdiction. For individuals, citizenship depends on domicile, and the court must independently determine from the pleadings whether subject-matter jurisdiction exists. The opinion does not decide the underlying dispute between Antus and the defendants.
Order
Judge Jesse M. Furman ordered Antus to file an amended complaint no later than August 23, 2023, properly alleging the citizenship of each party. The court stated that if she did not file an amended complaint establishing subject-matter jurisdiction, it would dismiss the case without prejudice and without further notice to any party.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.