CIT Finance LLC v. Treon, Aguirre, Newman & Norris PA

Filing 11

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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 ) ) ) Plaintiff, ) ) vs. ) ) Treon, Aguirre, Newman & Norris, P.A.,) ) ) Defendant. ) CIT Finance, L.L.C., No. CV 14-800-PHX-JAT ORDER 15 On April 22, 2014, the Court issued the following Order: 16 “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. 17 18 19 20 21 22 Doc. 8. 23 Plaintiff filed the required supplement and alleged the citizenship of the limited 24 liability company. However, Plaintiff still has not alleged the citizenship of the “professional 25 association” Defendant. More specifically, Defendant must allege whether it is a partnership, 26 and if yes, the citizenship of each of the partners. 27 Accordingly, 28 1 IT IS ORDERED that by May 13, 2014, Plaintiff shall file a supplement to the 2 complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed 3 without prejudice for lack of federal subject matter jurisdiction. 4 DATED this 29th day of April, 2014. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?