Khan v. K1 Investment Management et al
| New York Eastern District Court | |
| Judge: | James M Wicks |
| Case #: | 2:24-cv-07860 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 12, 2024 |
| Last checked: Thursday Nov 14, 2024 9:13 PM EST |
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Defendant
K1 Investment Management LLC
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Defendant
Trackforce, Inc.
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Plaintiff
Anees Khan
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Represented By
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| Docket last updated: 11/15/2024 11:59 PM EST |
| Friday, November 15, 2024 | ||
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order
Order(Other)
Fri 11/15 9:30 AM
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). Having reviewed the Complaint (ECF No.1 ), the Complaint alleges in conclusory fashion that subject matter jurisdiction is predicated on diversity of citizenship pursuant to 28 U.S.C. § 1332. Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants. 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)). The citizenship of a limited liability company (LLC) is determined by the citizenship of each of its members. See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC , 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Vill. Assocs. Ltd Pship , 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 Civ. 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). Here, the Complaint states that Plaintiff is an individual residing in New York, while Defendants have their principal place of business in California. (ECF No. 1 at 2.) Since the Complaint fails to allege the citizenship of Defendants LLC's members, Plaintiff is directed to file a letter on or before November 25, 2024 identifying the citizenship of the members of the LLC. So Ordered by Magistrate Judge James M. Wicks on 11/15/2024. (JDP) |
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| Thursday, November 14, 2024 | ||
| 5 | 5
service
Summons Issued
Thu 11/14 1:54 PM
Summons Issued as to K1 Investment Management LLC. (CG) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Thu 11/14 1:39 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CG) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 11/14 11:38 AM
Proposed Summons.Civil Cover Sheet.. by Anees Khan (Gerbino, Vincent) |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 11/14 1:42 PM
Case Assigned to Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CG) |
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| Wednesday, November 13, 2024 | ||
| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Wed 11/13 9:54 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| Tuesday, November 12, 2024 | ||
| 1 | 1
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18485329 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Anees Khan. (Gerbino, Vincent)
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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