Filed: Dec. 27, 2016
Latest Update: Dec. 27, 2016
Summary: ENTRY ON JURISDICTION TANYA WALTON PRATT , District Judge . It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Complaint fails to sufficiently allege the citizenship of Defendant Gemini Transport, LLC. Citizenship is the operative consideration for juri
Summary: ENTRY ON JURISDICTION TANYA WALTON PRATT , District Judge . It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Complaint fails to sufficiently allege the citizenship of Defendant Gemini Transport, LLC. Citizenship is the operative consideration for juris..
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ENTRY ON JURISDICTION
TANYA WALTON PRATT, District Judge.
It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However, the Complaint fails to sufficiently allege the citizenship of Defendant Gemini Transport, LLC. Citizenship is the operative consideration for jurisdictional purposes. See Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) ("residence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity jurisdiction").
"For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). "Consequently, an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Id.
The Complaint alleges that "Defendant Gemini Transport, LLC . . . is a business entity organized and existing under the laws of the State of Michigan, with its principal place of business in Dearborn, Michigan." (Filing No. 1 at 2.) However, this jurisdictional allegation does not establish the citizenship of Defendant Gemini Transport, LLC. Alleging the identity and citizenship of each of the members of the Defendant limited liability company is necessary for this Court to determine whether it has jurisdiction.
Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the members of Defendant Gemini Transport, LLC and those members' citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry.
Additionally, counsel shall promptly comply with Local Rule 5-3, as well as Local Rule 83-6 if applicable. See Local Rule 83-7(b) (requiring attorney not admitted to practice before this court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being transferred).
SO ORDERED.
