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STARNES v. A.O. SMITH CORPORATION, 1:12-cv-360. (2013)

Court: District Court, W.D. North Carolina Number: infdco20130819942 Visitors: 2
Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. THIS MATTER is before the Court sua sponte to ascertain subject matter jurisdiction. The Plaintiffs filed their Complaint (#1) against Defendants alleging jurisdiction based upon diversity. The Plaintiffs thereafter filed an Amended Complaint (#199) also alleging jurisdiction by way of diversity. In the Complaint, Plaintiffs allege that Defendant Henry Pratt Company, LLC is a company incorporated under the laws of the State of Illinois. Plaintiffs a
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ORDER

DENNIS L. HOWELL, Magistrate Judge.

THIS MATTER is before the Court sua sponte to ascertain subject matter jurisdiction. The Plaintiffs filed their Complaint (#1) against Defendants alleging jurisdiction based upon diversity. The Plaintiffs thereafter filed an Amended Complaint (#199) also alleging jurisdiction by way of diversity. In the Complaint, Plaintiffs allege that Defendant Henry Pratt Company, LLC is a company incorporated under the laws of the State of Illinois. Plaintiffs allege members of Henry Pratt Company, LLC and states the place of residence of the members except for the member Randy Burger.

Courts have an affirmative duty to question subject matter jurisdiction even when the parties have not done so. Interstate Petroleum Corp. v. Morgan, 249 F.3d 215 (4th Cir. 2001); Plyer v. Moore, 129 F.3d 728, 732 n.6 (4th Cir. 1997), certiorari denied 524 U.S. 945, 118 S.Ct. 2359, 141 L.Ed.2d 727 (1998); 28 U.S.C. § 1447(c)("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded."). A limited liability company is a citizen of all states in which its constituent members are citizens. Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990). The Plaintiffs have not disclosed in their Amended Complaint, the place of residence of all of the members of Henry Pratt Company, LLC and will be required to do so.

ORDER

IT IS, THEREFORE, ORDERED that on or before September 6, 2013, the Defendant Henry Pratt Company, LLC shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of Henry Pratt Company, LLC and for any such constituent members or partners that is a limited liability companys or partnerships shall identify the citizenships of the respective constituent members or partners until all such constituents are fully identified.

Source:  Leagle

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