Automated Summary
Key Facts
Grace Dickerson filed a diversity jurisdiction lawsuit against the National Hockey League (NHL) and NHL Enterprises, L.P. in the U.S. District Court for the Southern District of New York. The court found that the plaintiff failed to properly allege the citizenship of either defendant—for the NHL (an unincorporated association), the plaintiff did not identify citizenship of member clubs, and for NHL Enterprises, L.P. (a limited partnership), the plaintiff did not allege citizenship of its partners. The court ordered the plaintiff to amend the Complaint to allege citizenship of each constituent person or entity by September 15, 2025, or risk dismissal for lack of subject matter jurisdiction.
Issues
The court addressed whether the plaintiff's complaint adequately alleged diversity of citizenship required for federal subject matter jurisdiction. The plaintiff failed to properly allege the citizenship of Defendant NHL (an unincorporated association) and NHL Enterprises, L.P. (a limited partnership). For diversity purposes, the court must determine the citizenship of each member of the association and each partner of the limited partnership. The court ordered the plaintiff to amend the complaint to allege the citizenship of each constituent person or entity comprising the defendants.
Holdings
The Court orders Plaintiff Grace Dickerson to amend her Complaint to allege the citizenship of each constituent person or entity comprising the NHL and the LP Defendant by September 15, 2025. Failure to adequately allege parties' citizenship by that date will result in dismissal of the action for lack of subject matter jurisdiction without further notice.
Remedies
The court orders Plaintiff to amend the Complaint to allege the citizenship of each constituent person or entity comprising the NHL and the LP Defendant by September 15, 2025. If the Complaint is not amended to adequately allege the parties' citizenship by that date, the Court will dismiss the action for lack of subject matter jurisdiction without further notice.
Legal Principles
For diversity jurisdiction purposes, an unincorporated association's citizenship is determined by the citizenship of each and every member of that association, while a limited partnership has the citizenship of each of its general and limited partners.
Precedent Name
- Handelsman v. Bedford Vill. Assocs. L.P.
- ANHAM USA, Inc. v. Afghan Glob. Ins.
- Jaser v. N.Y. Prop. Ins. Underwriting Ass'n
Judge Name
Jennifer L. Rochon
Passage Text
- Accordingly, it is hereby ORDERED that, on or before September 15, 2025, Plaintiff shall amend the Complaint to allege the citizenship of each constituent person or entity comprising the NHL and the LP Defendant. If Plaintiff does not amend the Complaint to adequately allege the parties' citizenship by that date, the Court will dismiss this action for lack of subject matter jurisdiction without further notice.
- In addition, Plaintiff has not properly alleged the citizenship of the LP Defendant. Compl. ¶ 6. It is well established that for purposes of diversity jurisdiction, a limited partnership has the citizenship of each of its general and limited partners. See, e.g., Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48, 51-52 (2d Cir. 2000) (collecting cases). Plaintiff has not alleged the citizenship of the LP Defendant's partnership and has instead alleged the place of its incorporation (Delaware) and its principal place of business (New York). Compl. ¶ 6. The Complaint therefore fails to allege the citizenship of the Defendant limited partnership.
- Defendant NHL is alleged to be 'a joint venture, organized as an unincorporated association.' Compl. ¶ 5. 'The citizenship of an unincorporated association for diversity purposes has been determined for nearly 100 years by the citizenship of each and every member of that association.' Jaser v. N.Y. Prop. Ins. Underwriting Ass'n, 815 F.2d 240, 242 (2d Cir. 1987) (collecting cases); accord ANHAM USA, Inc. v. Afghan Glob. Ins., No. 23-cv-02763 (CS), 2024 WL 3362991, at *5 (S.D.N.Y. July 10, 2024). Plaintiff pleads that the NHL 'maintains a principal place of business in New York, New York,' and 'operates a professional ice hockey league comprised of member clubs located across the United States and Canada,' Compl. ¶ 5, but does not plead the citizenship of any member of the association. Plaintiff's failure to identify and provide citizenship information for NHL's members makes it impossible for the Court to determine whether there is complete diversity among parties.