Order | Filed: July 24, 2026
| Entered: July 24, 2026
Kerrigan v. Alcott HR Group LLC
Contract: Other | New York Eastern
Order(Other)
ORDER. Federal district courts have a duty to examine whether federal subject-matter jurisdiction exists and must dismiss a case if the jurisdictional predicate is lacking. See Sprout Mortg., LLC v. Consol. Analytics, No. 21-cv-04415 (JMA) (JMW), 2021 U.S. Dist. LEXIS 156152, at *1 (E.D.N.Y. Aug. 17, 2021). Here, the Complaint alleges that subject-matter jurisdiction is predicated on diversity of citizenship pursuant to 28 U.S.C. § 1332. (ECF No. 1, at 5.) Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants and the amount in controversy exceeds $75,000.00. Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117-18 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)).
Plaintiff states Defendant Alcott HR Group LLC is a Delaware limited liability company but does not discuss the members of that LLC. (ECF No. 1 at 5.) This is insufficient.
The citizenship of a limited liability company (LLC) is determined by the citizenship of each of its members. See, e.g., Bayerische Landes bank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Vill. Assocs. Ltd P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000); White v. Abney, No. 17-CV-4286 (MKB), 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019). A complaint premised upon diversity of citizenship must allege the citizenship of natural persons who are members of an LLC and the place of incorporation and principal place of business of any corporate entities who are members of the limited liability company. TBH Brand Holdings LLC v. Seam Seal Int'l LLC, 24-CV-3470 (JPC), 2024 U.S. Dist. LEXIS 85384, at *1-2 (S.D.N.Y. May 8, 2024). For diversity purposes, LLCs have the imputed citizenship of each of their members. Barnes v. Fort Hamilton Fam. Homes, No. 21-cv-1044 (BMC), 2021 WL 861801, at *1 (E.D.N.Y. Mar. 8, 2021). The Complaint does not include any allegations as to the members of the LLC Defendant(s), so the Court cannot determine diversity. See Lynch v. Weber-Stephen Prods., LLC, No. 2:26-CV-1952 (NJC) (ST), 2026 WL 923739, at *3 (E.D.N.Y. Apr. 6, 2026) (finding subject matter jurisdiction inadequately pled where the complaint "fail[ed] to identify any members of [the LLC defendants] and fail[ed] to plead the citizenship as required to determine the citizenship of a limited liability company"); see also RainMakers Partners LLC v. NewSpring Cap., LLC, No. 23-899, 2024 WL 1846321, at *2 n.1 (2d Cir. Apr. 29, 2024) ("[A] complaint that alleges that the plaintiff and defendant are merely residents of different states has failed adequately to allege the existence of diversity jurisdiction.").
Accordingly, Plaintiff must file a declaration by July 31, 2026, further explaining the basis for diversity of citizenship. So Ordered by Magistrate Judge James M. Wicks on 7/24/2026. (JAF)