MacDonald et al v. ABB/CON-CISE Optical Group LLC

Filing 27

ORDER that Plaintiff must file a supplement to the complaint (see Fed. R. Civ. Pro 15(d)) by December 19, 2011, properly alleging federal subject matter jurisdiction, or this case will be dismissed, without prejudice. Signed by Judge James A Teilborg on 11/23/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Andrew MacDonald; Optical Distributor)
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Group, LLC,
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Plaintiffs/Counterdefendants, )
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vs.
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ABB/CON-CISE Optical Group, LLC, )
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Defendant/Counterclaimant. )
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No. CV 11-1831-PHX-JAT
ORDER

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every

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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

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Cir. 2003). In this case, the Complaint pleads jurisdiction based on 28 U.S.C. § 1332, which

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is diversity. However, the Complaint fails to adequately allege the citizenship of the parties

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such that this Court can independently assess its jurisdiction.

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Specifically, limited liability companies take on the citizenship of their members.

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Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006).

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Because the Complaint fails to plead the citizenship of the membership of either of the

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limited liability companies, it fails to allege jurisdiction. Therefore,

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IT IS ORDERED that Plaintiff must file a supplement to the complaint (see Fed. R.

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Civ. Pro 15(d)) by December 19, 2011, properly alleging federal subject matter jurisdiction,

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or this case will be dismissed, without prejudice.

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DATED this 23rd day of November, 2011.

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