71 Fifth Ground Lessor LLC v. Liberty Mutual Fire Insurance Co. ( 2020 )

USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: onan nc aces canna nana nanan canna nnca canna nena ns XK DATE FILED:_12/30/2020 71 FIFTH GROUND LESSOR LLC and CITIZENS INSURANCE COMPANY OF AMERICA, : Plaintiffs, 20-cv-10775 (LJL) -y- ORDER LIBERTY MUTUAL FIRE INSURANCE CO., et al., Defendants. LEWIS J. LIMAN, United States District Judge: This action was filed on December 21, 2020. Dkt. No. 1. The complaint invokes diversity jurisdiction pursuant to 28 U.S.C. § 1332, but it does not specify the citizenship of Plaintiff 71 Fifth Ground Lessor LLC or its members, or Defendants MC 71 Fifth Avenue Realty LLC, Lubert-Adler Management Company, L.P. and Samco Properties, L.L.C. or their members. See Handelsman vy. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48, 51-53 (2d Cir. 2000) (for diversity purposes, a limited liability company has the citizenship of each of its members and a limited partnership has the citizenship of each of its general and limited partners). The complaint also does not provide sufficient information for the Court to assess whether Plaintiff Citizens Insurance Company of America and Defendant Liberty Mutual Fire Insurance Co. are diverse parties. See Dkt. No. 1 6-7 (pleading that each is “an insurance company authorized to do business within the State of New York and maintaining an office in the Commonwealth of Massachusetts”). Plaintiff is directed to file a letter with the Court by January 8, 2021 that demonstrates whether diversity jurisdiction is properly pled. SO ORDERED. wt AO x Dated: December 30, 2020 ‘ _—— New York, New York LEWIS J. LIMAN United States District Judge