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Marc J. Bern & Partners LLP v. U.S. Legal Support Inc.

Defendant's New York Citizenship Defeats Diversity Jurisdiction in Breach Case

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Marc J. Bern & Partners LLP, Plaintiffv.U.S. Legal Support, Inc. and Paul Lucido, Defendants

OPINION AND ORDER Marc J. Bern & Partners LLP brought this action against Defendants U.S. Legal Support, Inc. (“USLS”) and Paul Lucido in New York State Supreme Court. Defendants removed the action to this Court on the basis of diversity jurisdiction, contending that the citizenship of nondiverse Defendant Lucido should be ignored because he was fraudulently joined. Defendants now move to dismiss the Complaint for failure to state a claim, and Plaintiff cross-moves to remand the action to state court. For the reasons discussed below, Plaintiff’s cross-motion to remand is GRANTED, and Defendants’ motion to dismiss is DENIED as moot.I. Factual and Procedural Background¹Plaintiff is a law firm operating as a limited liability partnership in New York and is a citizen of New York.² Compl.4, Doc. 1, Ex. A. USLS is a corporation providing litigation support services which is organized under the laws of Texas and has a principal place of business in Texas. Id.

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