Iglesias v. Johnson, 2:17-cv-02931-MMD-VCF. (2017)
Court: District Court, D. Nevada
Number: infdco20171130h69
Visitors: 12
Filed: Nov. 29, 2017
Latest Update: Nov. 29, 2017
Summary: ORDER MIRANDA M. DU , District Judge . Defendants seek to remove this case on the basis of diversity jurisdiction. (ECF No. 1 at 2.) District courts have original jurisdiction over civil actions between citizens of different states with an amount in controversy greater than $75,000. 28 U.S.C. 1332(a). One of the parties in this action is a limited liability company ("LLC"). Although corporations are citizens of any state in which they are incorporated or have their principal place of busi
Summary: ORDER MIRANDA M. DU , District Judge . Defendants seek to remove this case on the basis of diversity jurisdiction. (ECF No. 1 at 2.) District courts have original jurisdiction over civil actions between citizens of different states with an amount in controversy greater than $75,000. 28 U.S.C. 1332(a). One of the parties in this action is a limited liability company ("LLC"). Although corporations are citizens of any state in which they are incorporated or have their principal place of busin..
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ORDER
MIRANDA M. DU, District Judge.
Defendants seek to remove this case on the basis of diversity jurisdiction. (ECF No. 1 at 2.) District courts have original jurisdiction over civil actions between citizens of different states with an amount in controversy greater than $75,000. 28 U.S.C. § 1332(a). One of the parties in this action is a limited liability company ("LLC"). Although corporations are citizens of any state in which they are incorporated or have their principal place of business under 28 U.S.C. § 1332(c)(1), "an LLC is a citizen of every state of which its owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As the party asserting diversity jurisdiction, Defendants bear the burden of proof. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001). Defendants have not met their burden because Defendants have failed to identify any members of the LLC or describe whether those members are citizens of different states than the opposing party. It is therefore ordered that within ten (10) days of the date of this Order, Defendants must supplement their petition for removal with a document that identifies the state citizenships of each member of the LLC.
Source: Leagle
