NOEL L. HILLMAN, District Judge.
Presently before the Court is the motion of defendant to dismiss plaintiffs' complaint for forum non conveniens, or in the alternative, to transfer venue to Nevada. For the reasons expressed below, defendant's motion will be continued until the Court's subject matter jurisdiction is properly established.
On a trip to Las Vegas, Nevada in May 2013 to renew their wedding vows, Guajana and Tory Skyers, appearing here pro se, chose to stay at defendant MGM Grand Hotel. Plaintiffs claim that they parked their car in the MGM Hotel parking garage and decided to take the parking garage stairs to the street level. Ms. Skyers claims that she stepped into a large hole at the bottom of the stairs, causing her to "twist her ankle to the right and left and [fall] flat on her right side, scraping her hands and hitting her right arm, and the right side of her body on the pavement." (Compl. ¶ 9.) Plaintiffs claim that after waiting for over twenty-five minutes for assistance from the hotel staff, Ms. Skyers was transported to the emergency room, where she was diagnosed as having a severe ankle sprain. Ms. Skyers claims that she has suffered severe physical and emotional distress as a result of her injury, and that Mr. Skyers has also suffered emotional distress by witnessing Ms. Skyers' pain, and because of her inability to care for herself and their minor children. Plaintiffs also claim that they have incurred, and continue to incur, substantial medical expenses. Plaintiffs seek over $400,000 for their compensatory damages, and $100,000 in punitive damages.
Plaintiffs filed their complaint in the New Jersey Superior Court, and defendant removed the action to this Court pursuant to 28 U.S.C. § 1332 because defendant states that plaintiffs' claims exceed $75,000 and complete diversity of citizenship exists between the parties. Defendant has moved to dismiss plaintiffs' claims based on forum non conveniens grounds. Alternatively, defendant asks that the case be transferred to Nevada. Plaintiffs have opposed defendant's motion.
Before the Court can address defendant's motion, the Court's subject matter jurisdiction must be properly established.
The notice of removal states that defendant MGM Grand Hotel, LLC, dba MGM Grand, is a Nevada corporation with its principal place of business in Las Vegas, Nevada. In a case in which a party to the action is a limited liability company, however, the citizenship of an LLC is determined from the citizenship of each of its members,
Additionally, plaintiffs' complaint and defendant's notice of removal state that plaintiffs are "residents" of New Jersey, but neither pleading claims that plaintiffs are "citizens" of New Jersey, which is a required element of diversity jurisdiction.
Consequently, because the Court must be assured of its subject matter jurisdiction over the matter before it can determine whether the case should be dismissed or transferred, and because the burden is on the removing party to establish jurisdiction,
ORDERED that defendant shall file an amended notice of removal within 10 days to properly aver the citizenship of the parties. If it fails to do so, the matter will be remanded for lack of subject matter jurisdiction.