Horwitz v. Loop Capital Markets LLC

Horwitz v. Loop Capital Markets LLC

Plaintiff:	Seth Horwitz
Defendant:	Loop Capital Markets LLC
Case Number:	1:2015cv01253
Filed:	February 20, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Sidney H. Stein
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 19, 2016	Filing 36 OPINION & ORDER #106218 re: 29 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1)). filed by Loop Capital Markets LLC, 11 MOTION to Dismiss Complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Loop Capital Markets LLC.The Class B unitholding citizens of New York were "members" of Loop for purposes of diversity jurisdiction at the time H orwitz filed his complaint. As such, Loop - the defendant - and Horwitz - the plaintiff - were both New York citizens when Horwitz initiated this action. Complete diversity was therefore lacking as is this Court's ability to adjudicate the par ties' underlying dispute. Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction is granted and its motion to dismiss the complaint for failure to state a claim is dismissed as moot. (As further set forth in this Order.) (Signed by Judge Sidney H. Stein on 2/19/2016) (kgo) Modified on 2/19/2016 (ca).

Date Filed

Document Text

February 19, 2016

Filing 36 OPINION & ORDER #106218 re: 29 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1)). filed by Loop Capital Markets LLC, 11 MOTION to Dismiss Complaint pursuant to Fed. R. Civ. P. 12(b)(6). filed by Loop Capital Markets LLC.The Class B unitholding citizens of New York were "members" of Loop for purposes of diversity jurisdiction at the time H orwitz filed his complaint. As such, Loop - the defendant - and Horwitz - the plaintiff - were both New York citizens when Horwitz initiated this action. Complete diversity was therefore lacking as is this Court's ability to adjudicate the par ties' underlying dispute. Defendant's motion to dismiss the complaint for lack of subject matter jurisdiction is granted and its motion to dismiss the complaint for failure to state a claim is dismissed as moot. (As further set forth in this Order.) (Signed by Judge Sidney H. Stein on 2/19/2016) (kgo) Modified on 2/19/2016 (ca).

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Plaintiff: Seth Horwitz
Represented By:	Lee Frederick Bantle
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Defendant: Loop Capital Markets LLC
Represented By:	Erin Leigh Dittus
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