Filed: Apr. 01, 2016
Latest Update: Apr. 01, 2016
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . On March 23, 2016, 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 notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Carden v. Arkoma Associates, 494 U.S. 185 , 195-96 (1990) (discussing the citizenship of
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . On March 23, 2016, 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 notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Carden v. Arkoma Associates, 494 U.S. 185 , 195-96 (1990) (discussing the citizenship of ..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
On March 23, 2016, 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 notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the citizenship of limited partnerships).
Accordingly,
IT IS ORDERED that Defendant (as the removing party) shall file a supplement to the notice of removal by April 1, 2016, properly alleging diversity or this case will be remanded to state court.
Doc. 13.
At the Rule 16 conference on March 23, 2016, the Court discussed at length that limited partnerships, like limited liability companies, take on the citizenship of all of their members. Further that is the holding of Belleville Catering, cited in the above quoted Order. See also Johnson v. Columbia Properties Anchorage, 437 F.3d 894, 899 (9th Cir. 2006).
When Defendant filed its supplement to properly and fully allege jurisdiction, Defendant disclosed that the general partner of Defendant is a limited liability company. However, Defendant did not undertake to list all the members of this limited liability company. Therefore, the notice of removal, as supplemented, still fails to allege sufficient information to determine whether this Court has diversity jurisdiction.
As this Court's above quoted Order stated, having given Defendant two opportunities to plead jurisdiction, the Court will remand this case for failure to allege sufficient facts to establish diversity jurisdiction. Accordingly,
IT IS ORDERED that this case is remanded to the Mohave County Superior Court.
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA OFFICE OF THE CLERK
BRIAN D. KARTH DEBRA LUCAS
DISTRICT COURT EXECUTIVE/CLERK OF COURT CHIEF DEPUTY CLERK
SANDRA DAY O'CONNOR U. S. COURTHOUSE, SUITE SANDRA DAY O'CONNOR U. S. COURTHOUSE,
130 Visit our website at www.azd.uscourts.gov SUITE 130
401 WEST WASHINGTON STREET, SPC 1 401 WEST WASHINGTON STREET, SPC 1
PHOENIX, ARIZONA 85003-2118 PHOENIX, ARIZONA 85003-2118
MICHAEL S. O'BRIEN
CHIEF DEPUTY CLERK
EVO A. DECONCINI U.S. COURTHOUSE
405 W. CONGRESS, SUITE 1500
TUCSON, ARIZONA 85701-5010
April 1, 2016 Clerk of the Court Mohave County Superior Court 401 E. Spring Street P.O. Box 7000 Kingman, AZ 86402-7000
ATTN: Supervisor
RE: REMAND TO MOHAVE COUNTY SUPERIOR COURT
District Court Case Number: CV-16-08022-PCT-JAT Superior Court Case Number: CV2015-00797
Dear Clerk:
Enclosed is a certified copy of the Order entered in this Court on April 1st 2016, remanding the above case back to your Court.
Sincerely,
BRIAN D. KARTH, DCE/CLERK OF COURT
s/Kathy Gerchar
Deputy Clerk, Kathy Gerchar
Enclosure
pc: All Counsel of Record
