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Empire Resorts, Inc.
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Misc | Filed: March 28, 2024 | Entered: March 28, 2024 Kelly v. Montreign Operating Company, LLC
P.I.: Other | New York Southern
Letter
LETTER addressed to Judge Philip M. Halpern from Christian Owens dated 03/27/2024 re: Diversity. Document filed by Virginia Kelly..(Owens, Christian)
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Order | Filed: March 28, 2024 | Entered: March 28, 2024 Kelly v. Montreign Operating Company, LLC
P.I.: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 28 Letter filed by Virginia Kelly ENDORSEMENT In light of the representations in plaintiff's letter, the Court hereby dismisses this action for lack of jurisdiction without prejudice. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/28/2024) (jca)
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Order | Filed: March 21, 2024 | Entered: March 21, 2024 Kelly v. Montreign Operating Company, LLC
P.I.: Other | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 26 Letter filed by Virginia Kelly. ENDORSEMENT This revised letter contains insufficient information to establish theexistence of diversity jurisdiction. As discussed at the last conference,when a party is an LLC, its citizenship is that of its members. This letterfails to establish the citizenship of defendant's members. By 3/28/2024,Plaintiff file a revised letter that sets forth the type of corporate entity foreach of the defendant LLC's members, and if the entity is a corporationthen the letter shall state both that entity's place of incorporation andprincipal place of business, and if the entity is a partnership, limiteda partnership, limited liability company, or trust, the letter shall state thecitizenship of each of that entity's members, shareholders, partners, and/or trustees. "Stating merely that the party is not a citizen of hisadversaries' states of citizenship leaves open the prospect that he is not acitizen of any state: he could be a U.S. citizen domiciled abroad. If so, hecould neither sue nor be sued under Section 1332(a)(1)'s requirement fordiversity between citizens of different States." Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 323 (S.D.N.Y. 2016) (internal quotation marks and citations omitted). Accordingly, Plaintiff shall file itsrevised Rule 2(8) letter by 3/28/2024 adequately establishing theexistence of subject-matter jurisdiction, or the action may be dismissedwithout further notice, for lack of jurisdiction. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/21/2024) (jca)
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