Russian School of Mathematics, Inc. v. Sinyavin

Background

Russian School of Mathematics, Inc. began the action against Irene Sinyavin and Logicus, LLC in the Supreme Court of the State of New York, County of Westchester, by serving and filing a summons and complaint on or about August 14, 2023. On September 13, 2023, the defendants removed the action to the U.S. District Court for the Southern District of New York under federal removal statutes.

The defendants relied on diversity jurisdiction, which can allow a federal court to hear a case involving citizens of different states. They alleged that the plaintiff was a Massachusetts corporation with its principal place of business in Newton, Massachusetts. They alleged that Sinyavin was a New York resident and that Logicus, LLC was organized under New York law and had its principal place of business in Larchmont, New York.

Court’s Analysis

The court observed that Logicus appeared to be a domestic limited liability company, not a corporation. A limited liability company receives its citizenship from each of its members. The notice of removal did not identify the citizenship of Logicus’s members and therefore did not adequately allege Logicus’s citizenship for purposes of diversity jurisdiction.

Order

The court ordered the defendants to file a letter through the electronic filing system by September 20, 2023, explaining the basis for their assertion that diversity jurisdiction exists. The letter must state the citizenship of each of Logicus’s members, shareholders, partners, and trustees. The defendants also must serve the order on the plaintiff by email through its counsel.

The order did not make a final determination that diversity jurisdiction exists or does not exist, and it did not address the underlying claims. Judge Philip M. Halpern entered the order on September 15, 2023.