Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: ORDER TO AMEND PLAINTIFF'S COMPLAINT TO ALLEGE FACTS ESTABLISHING SUBJECT MATTER JURISDICTION SIM LAKE , District Judge . Plaintiff, Network, brings action against defendant, Fintact Solutions Group, asserting claims seeking damages breach oral contract, negligence, and conversion. Plaintiff asserts jurisdiction based on diversity of citizenship by alleging: 4. This Court maintains diversity jurisdiction over this action pursuant to 28 U.S.C. 1332, as the parties are citizens of differe
Summary: ORDER TO AMEND PLAINTIFF'S COMPLAINT TO ALLEGE FACTS ESTABLISHING SUBJECT MATTER JURISDICTION SIM LAKE , District Judge . Plaintiff, Network, brings action against defendant, Fintact Solutions Group, asserting claims seeking damages breach oral contract, negligence, and conversion. Plaintiff asserts jurisdiction based on diversity of citizenship by alleging: 4. This Court maintains diversity jurisdiction over this action pursuant to 28 U.S.C. 1332, as the parties are citizens of differen..
More
ORDER TO AMEND PLAINTIFF'S COMPLAINT TO ALLEGE FACTS ESTABLISHING SUBJECT MATTER JURISDICTION
SIM LAKE, District Judge.
Plaintiff, Network, brings action against defendant, Fintact Solutions Group, asserting claims seeking damages breach oral contract, negligence, and conversion. Plaintiff asserts jurisdiction based on diversity of citizenship by alleging:
4. This Court maintains diversity jurisdiction over this action pursuant to 28 U.S.C. § 1332, as the parties are citizens of different States and the amount in controversy exceeds $75,000 dollars.1
In support of jurisdiction, plaintiff alleges pertinent part:
1. Plaintiff IPro Network, LLC is a California Limited Liability Company with its principal place of business located at 9651 Irvine Center Drive, Irvine, California 92618.
2. Defendant Fintact Solutions Group, LLC is a Texas Limited Liability Company with its principal place of business located at 118 Vintage Park Blvd #W-418, Houston, Texas 77433.2
"The citizenship a L[imited] L[iability] C[ompany] is determined by the citizenship of all of its members." Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Plaintiff's complaint identifies both plaintiff, IPro Network, LLC, and defendant, Fintact Solutions Group, as limited liability companies. However, the complaint contains no mention of either company's members, alone their respective states citizenship. Under Harvey these allegations are facially insufficient to establish the existence of diversity jurisdiction.
Accordingly, plaintiff is ORDERED to file an amended complaint February 22, 2018, that identifies each party's members their respective states citizenship. Should plaintiff an am ended complaint February 22, 2018, adequately alleges facts sufficient to establish subject matter jurisdiction, this action will be dismissed lack jurisdiction.
