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Greenline Capital Partners I LLC v. Duerson Foods LLC Et Al - Document No. 3
Greenline Capital Partners I LLC v. Duerson Foods LLC Et Al - Document No. 3
3
Case 2:06-cv-00403-TJC Filed 04/06/2006 Page 1 of 2 Document 3
v.
Defendants.
injunctive relief. This action arises out of a collection action which was venued in the
United States District Court for the Northern District of California. See Ancillary
Complaint at Exhibit A. In that case, the Plaintiff claimed diversity jurisdiction. See 28
U.S.C. § 1332. However, neither the California Complaint nor the Ancillary Complaint
filed in this court contains the names and states of citizenship of each member of the
limited liability companies which are parties. The record must contain this information
so that the court can determine whether recusal is necessary and whether it has
subject matter jurisdiction. Both the Ninth Circuit and the Seventh Circuit have ruled
Dockets.Justia.com
Case 2:06-cv-00403-TJC Filed 04/06/2006 Page 2 of 2 Document 3
that, for purposes of diversity jurisdiction, a limited liability company is a citizen of every
state of which its owners or members are citizens. See Johnson v. Columbia
Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006); Cosgrove v. Bartolllata,
subject matter jurisdiction, the court ORDERS that, within eleven days of the date of
this Order, the Plaintiff shall serve and file an Amended Ancillary Complaint setting forth
the names and citizenship of all limited liability company owners or members. At the
same time, the Plaintiff shall also file a copy of the complete docket of the California
action.
s/ Thomas J. Curran
Thomas J. Curran
United States District Judge