CIT Finance LLC v. Treon, Aguirre, Newman & Norris PA
Filing
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ORDER - Plaintiff has not alleged the citizenship of the professional association Defendant. More specifically, Defendant must allege whether it is a partnership, and if yes, the citizenship of each of the partners. Accordingly, IT IS ORDERED that b y 5/13/2014, Plaintiff shall file a supplement to the complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction. Signed by Senior Judge James A Teilborg on 4/29/2014. (TLB)
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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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Treon, Aguirre, Newman & Norris, P.A.,)
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Defendant.
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CIT Finance, L.L.C.,
No. CV 14-800-PHX-JAT
ORDER
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On April 22, 2014, 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. See 28 U.S.C. § 1332; Johnson v. Columbia
Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (discussing the
citizenship of a limited liability company); Carden v. Arkoma Associates, 494
U.S. 185, 195-96 (1990) (discussing the citizenship of limited partnerships).
Accordingly,
IT IS ORDERED that by May 7, 2014, Plaintiff shall file a supplement
to the 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. 8.
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Plaintiff filed the required supplement and alleged the citizenship of the limited
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liability company. However, Plaintiff still has not alleged the citizenship of the “professional
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association” Defendant. More specifically, Defendant must allege whether it is a partnership,
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and if yes, the citizenship of each of the partners.
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Accordingly,
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IT IS ORDERED that by May 13, 2014, Plaintiff shall file a supplement to the
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complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed
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without prejudice for lack of federal subject matter jurisdiction.
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DATED this 29th day of April, 2014.
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