The opinion of the court was delivered by: Honorable James V. Selna
Present: The Honorable James V. Selna
Not Present Not Present Proceedings: (In Chambers) Order to Show Cause re Jurisdiction
The Court has made a preliminary review of the jurisdictional allegations in X Complaint, filed April 6, 2012
Notice of Removal ("Notice") filed by CA T Fabricante, LLC ("Fabricante").
The initial pleading invokes jurisdiction on the basis of diversity of citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 7.) Jurisdiction on this basis requires complete diversity.
The following parties to the action are alleged to be a limited liability companies ("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 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.
Fabricante 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.
A failure to respond may result in dismissal of the case for lack of jurisdiction.
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