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  • Greenline Capital Partners I LLC v. Duerson Foods LLC Et Al - Document No. 3

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    ORDER signed by Judge Thomas J Curran on April 6, 2006, ordering plaintiff to serve and file an amended ancillary complaint setting forth the names and citizenship of all limited liability company owners or members within 11 days of the date of this Order. Plaintiff shall also file a copy of the complete docket of the California action. (cc: all counsel)(Thomas J. Curran) 2:2006cv00403 Wisconsin Eastern District Court

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    Greenline Capital Partners I LLC v. Duerson Foods LLC et al - Document No. 3

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    ORDER signed by Judge Thomas J Curran on April 6, 2006, ordering plaintiff to serve and file an amended ancillary complaint setting forth the names and citizenship of all limited liability company owners or members within 11 days of the date of this Order. Plaintiff shall also file a copy of the complete docket of the California action. (cc: all counsel)(Thomas J. Curran) 2:2006cv00403 Wisconsin Eastern District Court

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    Greenline Capital Partners I LLC v. Duerson Foods LLC Et Al - Document No. 3

    Uploaded by

    Justia.com
    ORDER signed by Judge Thomas J Curran on April 6, 2006, ordering plaintiff to serve and file an amended ancillary complaint setting forth the names and citizenship of all limited liability company owners or members within 11 days of the date of this Order. Plaintiff shall also file a copy of the complete docket of the California action. (cc: all counsel)(Thomas J. Curran) 2:2006cv00403 Wisconsin Eastern District Court

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    of 2

    Greenline Capital Partners I LLC v. Duerson Foods LLC et al Doc.

    3
    Case 2:06-cv-00403-TJC Filed 04/06/2006 Page 1 of 2 Document 3

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF WISCONSIN
    GREENLINE CAPITAL PARTNERS I,
    LLC, a limited liability company,

    Plaintiff, Case No. 06-C-403

    v.

    DUERSON FOODS, LLC, a limited


    liability company, ASSOCIATED BANK
    CHICAGO, an Illinois state banking
    Association, SMURFIT-STONE
    CONTAINER ENTERPRISES, INC.
    a/k/a SMURFIT STONE CONTAINER
    CORPORATION, a corporation, and
    GENERAL PARTS, INC., a corporation,

    Defendants.

    OPINION AND ORDER

    Plaintiff, Greenline Capital Partners I, LLC, has filed an Ancillary

    Complaint seeking judicial foreclosure, replevin, appointment of a receiver, and

    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,

    150 F.3d 729, 731(7th Cir. 1998).

    Accordingly, in order to provide the court with a basis for determining

    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.

    Done and Ordered in Chambers at the United States Courthouse,

    Milwaukee, Wisconsin, this 6th day of April, 2006.

    s/ Thomas J. Curran
    Thomas J. Curran
    United States District Judge

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