Wnorowski v. University of New Haven
| Krystian Wnorowski |
| University of New Haven |
| 3:2020cv01589 |
| October 22, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 9 AMENDED COMPLAINT against University of New Haven, filed by Krystian Wnorowski.(Toptani, Edward) |
| Set Deadlines: Amended Complaint due by 11/12/2020 (Johnson, D.) |
Filing 8
ORDER. The #1 class action complaint does not state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). The citizenship of Defendant University of New Haven is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the Complaint alleges only that the Defendant "is an institution of higher learning located in West Haven, Connecticut" and that it "is domiciled in Connecticut and conducts business in the state of Connecticut." ECF No. 1 at 2-3. But the complaint does not allege what kind of legal entity the defendant is, and therefore the Court cannot determine what the complaint must plead to adequately allege its citizenship for the purposes of diversity jurisdiction. See, e.g., 28 U.S.C. 1332(c)(1) (a corporation is "deemed... a citizen of any State by which it has been incorporated and of the State where it has its principal place of business."); id. 1332(c)(1) (for the purposes of CAFA diversity jurisdiction "an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized."). In addition, though the plaintiff states generally that the "members of the Class are so numerous and geographically dispersed that individual joinder of all Class members is impracticable", ECF No. 1 at 8, and that "at least one class member is of diverse citizenship from one Defendant", id. at 2-3, the plaintiff does not identify any specific state or states other than Connecticut in the complaint for the purposes of diversity jurisdiction. Such a conclusory allegation is insufficient for the Court to find subject matter jurisdiction. See 2 Joseph M. McLaughlin, Expanded federal court jurisdiction over multistate actions, McLaughlin on Class Actions 12:6 (17th ed. 2020) ("Although the one-diverse-class member requirement should not be daunting, the [party alleging federal jurisdiction] must allege some factual basis regarding citizenship, even if only on information and belief."); see also Wurtz v. Rawlings Co., LLC, 761 F.3d 232, 239 (2d Cir. 2014) (discussing diversity jurisdiction pleading requirements under CAFA); Blockbuster, Inc. v. Galeno, 472 F.3d 53, 58-59 (2d Cir. 2006) (discussing minimal diversity jurisdiction requirements under CAFA). The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction in accordance with this order no later than November 12, 2020. Should the plaintiff be unable to obtain the relevant information, it may file a motion to take limited jurisdictional discovery. Otherwise, this case will be dismissed for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Signed by Judge Michael P. Shea on 10/30/2020. (Super, John)
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| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *University of New Haven* with answer to complaint due within *21* days. Attorney *Edward Toptani* *Toptani Law Offices* *375 Pearl St, Ste 1410* *New York, NY 10038*. (Peterson, M) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #2 Notice of Appearance filed by Krystian Wnorowski, #3 Order on Pretrial Deadlines, #5 Protective Order, #1 Complaint filed by Krystian Wnorowski Signed by Clerk on 10/22/2020. (Peterson, M) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 10/22/2020. (Peterson, M)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 10/22/2020. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 12/21/2020. Discovery due by 4/23/2021. Dispositive Motions due by 5/28/2021. Signed by Clerk on 10/22/2020. (Peterson, M)
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| Filing 2 NOTICE of Appearance by Edward Toptani on behalf of Krystian Wnorowski (Toptani, Edward) |
| Filing 1 COMPLAINT against University of New Haven ( Filing fee $400 receipt number ACTDC-6174013.), filed by KRYSTIAN WNOROWSKI.(Toptani, Edward) |
| Request for Clerk to issue summons as to University of New Haven. (Toptani, Edward) |
| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
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| Plaintiff: Krystian Wnorowski | |
| Represented By: | Edward Toptani |
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| Defendant: University of New Haven | |
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