The question is what to do about the Coudert partnership, which consists of partners who are citizens of New York and partners who are not citizens of either a state of this country or of a foreign state. The precise problem in the present case is somewhat different. Cooper, Federal Practice and Procedure § 3621 (1984). Therefore a suit by them could not give rise to diversity jurisdiction. If these partners were suing by themselves they would not fit within any of the categories referred to in the statute, since they are neither citizens of a state of the United States nor are they citizens or subjects of a foreign state. The status of the Coudert partners residing in France is that they are still citizens of the United States and are not citizens of France. If we were dealing with the situation where a partnership had partners who were citizens of New York and citizens of France, there would be diversity jurisdiction under subdivision (3) of the statute. ![]() Y.1981) Great Southern Fire Proof Hotel Co. However the cases have held that, for the sake of applying the diversity jurisdiction statute, a partnership must be considered to be a citizen of any and all states and foreign countries of which its partners are citizens. If Coudert could be considered a citizen of New York there would be diversity jurisdiction. The statute provides for diversity jurisdiction where an action is between (1) citizens of different States (2) citizens of a State and citizens or subjects of a foreign state (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties. Defendant Ion is a resident and citizen of Australia defendant Sowden is a resident of the State of Georgia and a citizen of New Zealand. Defendant Easyfind is a Delaware Corporation. However, their residence in France results in the fact that they are not citizens of any state of the United States for the purposes of diversity jurisdiction. It has an office in Paris and a few of its partners reside in France. Most of its partners are citizens of New York. The motion is granted.Ĭoudert is a law firm based in New York City. ![]() Plaintiff Coudert Brothers moves to remand the action to the state court. removed this action to the federal court, alleging jurisdiction based on diversity of citizenship. Greenberg, Cantor & Reiss, New York City, Seth Price, Stokes, Shapiro, Fussell & Genberg, Atlanta, Ga., for defendants.ĭefendant Easyfind International, Inc. *526 Stephen Sayre Singer, New York City, for plaintiff. ![]() 525 (1985) COUDERT BROTHERS, a Partnership, Plaintiff,ĮASYFIND INTERNATIONAL, INC., Kenneth Mandeno Sowden, and Glen Ernest Ion, Defendants.
0 Comments
Leave a Reply. |