Elawyers Elawyers
Washington| Change

WESTROC TRUCKING, INC. v. FRONTIER DRILLING, LLC, 15-cv-00245-RM-MJW. (2015)

Court: District Court, D. Colorado Number: infdco20150421d42 Visitors: 14
Filed: Apr. 20, 2015
Latest Update: Apr. 20, 2015
Summary: ORDER RAYMOND P. MOORE , District Judge . THIS MATTER is before the Court on the Order to Show Cause (ECF No. 18) and "Plaintiffs' and Counterclaim Defendant's Response to April 3, 2015 Order to Show Cause" (ECF No. 22, the "Response"). Plaintiffs' Amended Complaint (ECF No. 4, the "Complaint") alleges this Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332(a) (diversity). ( Id. at 5.) However, the sole allegation in the Complaint regarding Defendant Frontier Drilling, LL
More

ORDER

THIS MATTER is before the Court on the Order to Show Cause (ECF No. 18) and "Plaintiffs' and Counterclaim Defendant's Response to April 3, 2015 Order to Show Cause" (ECF No. 22, the "Response"). Plaintiffs' Amended Complaint (ECF No. 4, the "Complaint") alleges this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) (diversity). (Id. at ¶ 5.) However, the sole allegation in the Complaint regarding Defendant Frontier Drilling, LLC's citizenship is the assertion that it is a Colorado limited liability company with its principal place of business in Oklahoma City, Oklahoma. (Id. at ¶ 3.) Because a limited liability company's citizenship is identified by reference to the citizenship of each of its members, Siloam Springs Hotel, L.L.C. v. Century Sur. Co., No. 14-6119, ___ F.3d ___, 2015 WL 1430335, at *1 (10th Cir. Mar. 31, 2015), and because Plaintiffs did not make any allegations regarding the citizenship of Frontier Drilling's individual members, the Order to Show Cause requested Plaintiffs to show why this case should not be dismissed due to this Court's lack of subject matter jurisdiction. (ECF No. 18 at 3.)

The Response asserts that "Frontier is a single member limited liability company, and that member is a citizen and domiciliary of Wyoming" and attaches an email from Frontier Drilling's counsel affirming the same. (ECF Nos. 22 at 2; 22-1 at 2.) Based on the evidence offered in the Response, the Court finds that diversity exists among the parties and will exercise diversity jurisdiction pursuant to 28 U.S.C. §1332(a).

It is therefore ORDERED that the Order to Show Cause (ECF No. 18) is DISCHARGED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer