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FEDERAL INSURANCE COMPANY v. OMEGA FLEX, INC., 1:13-cv-276. (2014)

Court: District Court, W.D. North Carolina Number: infdco20140624b20 Visitors: 6
Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: ORDER DENNIS L. HOWELL, Magistrate Judge. THIS MATTER is before the Court sua sponte to ascertain subject matter jurisdiction. Although not stated in the Plaintiff's Amended Complaint, it appears that the Plaintiff is contending that there is jurisdiction in this Court based upon diversity jurisdiction. 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 (4 th Cir. 2001); Pl
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ORDER

DENNIS L. HOWELL, Magistrate Judge.

THIS MATTER is before the Court sua sponte to ascertain subject matter jurisdiction. Although not stated in the Plaintiff's Amended Complaint, it appears that the Plaintiff is contending that there is jurisdiction in this Court based upon diversity jurisdiction.

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 Defendant, S. Fox Electric, LLC, has not disclosed whether it has constituent members or partners and therefore will be required to do so.

ORDER

IT IS, THEREFORE, ORDERED that on or before July 14, 2014, the Defendant, S. Fox Electric, LLC, shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of S. Fox Electric, LLC and for any such constituent members or partners that are limited liability companies or partnerships, to identify the citizenships of the respective constituent members or partners until all such constituents are fully identified.

Source:  Leagle

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