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Heritage Pacific Financial LLC v. David

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 17, 2010

HERITAGE PACIFIC FINANCIAL LLC
v.
DAVID

The opinion of the court was delivered by: The Honorable James V. Selna

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS)

Order to Show Cause re Jurisdiction

The Court has made a preliminary review of the jurisdictional allegations in the:

X Complaint, filed February 4, 2010

Notice of Removal ("Notice") filed by Heritage Pacific Financial LLC.

The initial pleading purports to invoke jurisdiction Court on the basis of diversity of citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 1 .) Jurisdiction on this basis requires complete diversity.

The following party to the action is alleged to be a limited liability company ("LLC"):

Heritage Pacific Financial LLC

For purposes of diversity jurisdiction, an LLC takes on the citizenship of each of its members. Johnson v. Columbia Properties Anchorage , LP, 437 F.3d 894, 899 (9th Cir. 2006); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998); Keith v. Black Diamond Advisors, Inc., 48 F. Supp. 2d 326, 329-30 (S.D. N.Y. 1999). In order to determine diversity, the Court must consider the citizenship of each LLC member, and if a member is an LLC, the citizenship of its members. Presently, the Court cannot tell if jurisdiction has been properly invoked.

The plaintiff is ordered to file an amended initial pleading within 15 days identifying each member of each alleged LLC and the member's citizenship and principal place of business as the date of the filing of the initial pleading. If any member is itself an LLC, the same information shall be provided for each subtier member, and if need be, for each successive subtier.

20100217

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