PNC Equipment Finance LLC v. Piccolo et al
Filing
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ORDER that Plaintiff must file an amended complaint 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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PNC Equipment Finance, LLC,
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Plaintiff,
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vs.
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James P. Piccolo and Mary Piccolo,
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Defendant.
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No. CV 11-2038-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 the Plaintiff
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limited liability company, it fails to allege jurisdiction. Therefore,
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IT IS ORDERED that Plaintiff must file an amended complaint by December 19,
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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 23rd day of November, 2011.
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