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Cohen v. Switch Fund Investment Club LP

Suit's Dismissal for Lack of Diversity Denied; Domicile in Abu Dhabi Not Established

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DECISION & ORDER   Defendants Roger and Rosa Altman filed a motion to dismiss this action. See dkt. # 53. They argue that the case lacks full diversity between the parties and the Court thus lacks jurisdiction to hear the case. The Plaintiff has responded and the Court has determined to decide the matter without oral argument. I. BACKGROUND This case concerns investments that Plaintiff Jeffrey M. Cohen allegedly made with partnerships controlled by the Defendants, Roger L. Altman and Rosa Altman. Plaintiff contends that Defendants mishandled these funds and raises breach-of-contract, bad-faith, embezzlement, fraud, and breach-of-fiduciary-duty claims against all Defendants. See Amended Complaint, dkt. # 52. He seeks actual and punitive damages. Plaintiff filed his initial Complaint in this action on February 28, 2019. See dkt. # 1. The Complaint asserted jurisdiction pursuant to 28 U.S.C. §1322(a)(1). Id. at 1. Plaintiff alleged that he “is a natural person and a domiciliary of the State of California, residing in San Diego County.” Id. at 3. The Complaint alleged that Defendants Roger and Rosa Altman had operated the investment clubs at the center of this dispute in Alexandria, New York, within the Northern District of New York. Id. at

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