Kaufman v. Sirius XM Radio, Inc.

SUMMARY ORDER

Plaintiffs Alvin Kaufman, a Nevada resident, and Richard LaLuna, a New York resident, appeal the dismissal of their pu tative class action complaint for lack of subject matter jurisdiction, after the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of claims under New York General Business Law (“GBL”) § 349 by non-New York plaintiffs defeated diversity. Plaintiffs contend that the district court (1) erred in concluding that non-New York resident Kaufman (and those similarly situated) failed adequately to state a claim under GBL § 349, and (2) abused its discretion in denying…