UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
July 12, 2011
GLEN OAKS COLLEGE, LLC
ASPEN UNIVERSITY, INC., ET AL.
The opinion of the court was delivered by: Honorable Valerie Baker Fairbank, U.S. District Judge
CIVIL MINUTES -- GENERAL
Joseph Remigio None Present Courtroom Deputy Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
None Present None Present
PROCEEDINGS (IN CHAMBERS): COURT ORDER DISMISSING FOR LACK OF SUBJECT MATTER JURISDICTION
On June 20, 2011, the Court set an OSC re Lack of Subject Matter Jurisdiction, and ordered Plaintiff to file a response by July 11, 2011. Dkt. #6. The Court noted that an LLC is a citizen of every state of which its owners/members are citizens, and that the Complaint failed to identify the membership of Plaintiff LLC and therefore had not adequately shown a basis for diversity jurisdiction. Dkt. #6; see Johnsonv.Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Plaintiff's Reply to the OSC fails to adequately state a basis for diversity jurisdiction because it likewise fails to sufficiently identify the citizenship of the owners/members of the LLC.
The OSC set for July 18, 2011 at 1:30 p.m. on the non-appearance calendar VACATED, and the case is DISMISSED, without prejudice to Plaintiff's right to filing in state court.
IT IS SO ORDERED.
MINUTES FORM 90 Initials of Deputy Clerk jre CIVIL - GEN
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