MacPhee v. Lifecare Services LLC et al

Filing 9

ORDER, Plaintiff shall file a second amended complaint by 9/9/11, properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice. Signed by Judge James A Teilborg on 8/18/11. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Lifecare Services; Friendship Village of)
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Tempe,
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Defendants.
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Craig MacPhee,

No. CV 11-1310-PHX-JAT
ORDER

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On July 13, 2011, the Court issued the following order:

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Inquiring whether the court has jurisdiction is a federal judge’s first duty
in every case.” Belleville Catering Co. v. Champaign Market Place, L.L.C.,
350 F.3d 691, 693 (7th Cir. 2003). In this case, the complaint fails to
sufficiently plead jurisdiction. Specifically, Plaintiff has failed to allege a
claim that arises under Federal law. See 28 U.S.C. § 1331. Further, to the
extent Plaintiff intended to plead diversity jurisdiction, 28 U.S.C. § 1332, he
failed to allege the citizenship of Friendship Village of Tempe. He further
failed to allege the citizenship of Lifecare Services, L.L.C. Johnson v.
Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006)
(discussing the citizenship of a limited liability company).
Accordingly,
IT IS ORDERED that by August 12, 2011, Plaintiff shall file an amended
complaint properly alleging federal subject matter jurisdiction, or this case will
be dismissed without prejudice for lack of federal subject matter jurisdiction.

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Doc. 7.

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On August 3, 2011, Plaintiff filed an amended complaint claiming jurisdiction based

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on diversity. Plaintiff also claimed that Defendant Lifecare Services, L.L.C. is a corporation.

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Plaintiff attempted to plead the citizenship of Lifecare Services, L.L.C. based on Hertz Corp.

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v. Friend, 130 S. Ct. 1181, 1192; - - - U.S. - - - (2010) (discussing the citizenship of a

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corporation).

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As the Court noted in the previous order, Defendant Lifecare Services, L.L.C. is a

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limited liability company. The Court also cited two cases discussing the citizenship of a

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limited liability company, which, unlike a corporation, is not based on a state of

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incorporation or a principal place of business.

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Based on the foregoing, Plaintiff will be given one last opportunity to amend his

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complaint to fully allege federal subject matter jurisdiction. If the to-be-filed second

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amended complaint fails to allege jurisdiction, this case will be dismissed without Plaintiff

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being given any further opportunities to amend. Accordingly,

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IT IS ORDERED that Plaintiff shall file a second amended complaint by September

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9, 2011, properly alleging federal subject matter jurisdiction, or this case will be dismissed

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without prejudice.

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DATED this 18th day of August, 2011.

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