This quarter's column explores two instructive reminders on citizenship of limited liability companies and the standards of review of a Report, Recommendation and Order of a Magistrate Judge, as well as a comprehensive decision by a federal court on the unfortunately timely topic of sexual abuse of children, including whether the New York State Child Victims Act, 2019 N.Y. Sess. Laws c. 11, §3 (CVA), creates a standalone cause of action.

LLC's Citizenship

After granting in part and denying in part a Fed. R. Civ. Proc. 12(b)(6) partial motion to dismiss a products liability action against ConAgra Foods, Inc., ConAgra Brands, Inc., DS Containers, Inc., and Full-Fill Industries, LLC (collectively defendants),[1] Thomas v. Conagra Foods, 2021 WL 1176011 (W.D.N.Y. March 29, 2021), U.S. District Judge Elizabeth A. Wolford issued an order noting the "'inflexible rule' requiring [the court] 'without exception' to determine sua sponte if subject matter jurisdiction is lacking." Her order stated that despite the complaint invoking jurisdiction based on diversity, its allegations were insufficient to establish that complete diversity existed with respect to defendant Full-Fill Industries, LLC. The complaint alleged only that it was an Illinois limited liability corporation with its principal place of business at an Illinois address. Those allegations were not sufficient to invoke diversity citizenship because "'[w]ith the exception of corporations, the citizenship of business entities is derived from the citizenship of all members of the entity.'" The corporate disclosure statement provided no additional information. She therefore required Full-Fill Industries, LLC to submit a letter informing the court of the identity of its members. See Thomas v. Conagra Foods, et al., 6:20-cv-06239, Dkt. 32 (W.D.N.Y. April 5, 2021).