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Melissa Lind Scott v. Winco Foods

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 4, 2011

MELISSA LIND SCOTT,
PLAINTIFF,
v.
WINCO FOODS, INC., DBA WINCO FOODS , AND DOES 1-100, AND EACH OF THEM, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Upon further review of Defendant's Motion for Summary Judgment (ECF No. 14), the Court has concerns regarding the claimed bases for subject matter jurisdiction. Plaintiff asserts that jurisdiction is based upon diversity pursuant to 28 U.S.C. § 1332(a). (Compl. 1.) Section 1332(a) requires complete diversity of citizenship between parties opposed in interest. Kuntz v. Lamar Corp., 385 F.3d 1177, 1181 (9th Cir. 2004). Specifically, a corporation is a citizen of its state(s) of incorporation and its principal place of business.

28 U.S.C. §1332(c)(1).

However, a limited liability corporation ("LLC") is a citizen of every state in which its members are citizens. Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

Winco Foods, Inc., dba Winco Foods, is the named Defendant in the Complaint. (Compl. 1.) However, Winco Foods, LLC answered the Complaint. (Answer 1.) After a cursory investigation, it appears that Winco Foods, LLC is majority owned by Winco Holdings, Inc., with minority members of unknown citizenship. Winco Holdings, Inc. (an Idaho Corporation) was previously known as Winco Foods, Inc. Plaintiff alleged in the complaint that Defendant was a foreign corporation without alleging either the state of incorporation or the principal place of business. (Compl. 2.) Neither party has alleged the citizenship of all members of Winco Foods, LLC.

Because the business structure and citizenship of Defendant is unclear from the pleadings, this Court directs both parties to electronically file simultaneous briefing not exceeding ten (10) pages regarding the basis for federal jurisdiction within twenty (20) days of this Order being electronically filed. No responses will be permitted.

IT IS SO ORDERED.

20110204

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