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CIT FINANCE, L.L.C. v. TREON, AGUIRRE, NEWMAN & NORRIS, P.A., CV 14-800-PHX-JAT. (2014)

Court: District Court, D. Arizona Number: infdco20140430954 Visitors: 4
Filed: Apr. 29, 2014
Latest Update: Apr. 29, 2014
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. On April 22, 2014, the Court issued the following Order: "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7 th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894 , 899 (9 th Cir. 2006) (discussing the
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ORDER

JAMES A. TEILBORG, Senior District Judge.

On April 22, 2014, the Court issued the following Order:

"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (discussing the citizenship of a limited liability company); Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the citizenship of limited partnerships).

Accordingly,

IT IS ORDERED that by May 7, 2014, Plaintiff shall file a supplement to the complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction.

Doc. 8.

Plaintiff filed the required supplement and alleged the citizenship of the limited liability company. However, Plaintiff still has not alleged the citizenship of the "professional association" Defendant. More specifically, Defendant must allege whether it is a partnership, and if yes, the citizenship of each of the partners.

Accordingly,

IT IS ORDERED that by May 13, 2014, Plaintiff shall file a supplement to the complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction.

Source:  Leagle

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