ThermoLife International LLC v. Sechel Holdings Incorporated et al

Filing 11

ORDER, by 12/31/14, Plaintiff shall file an 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 12/18/14. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Thermolife International, LLC, 10 Plaintiff, 11 vs. 12 13 14 Sechel Holdings Inc., Ergogenix, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CV 14-2291-PHX-JAT ORDER 15 16 “Inquiring whether the court has jurisdiction is a federal judge’s first duty in every 17 case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th 18 Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. 19 § 1332; Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) 20 (discussing the citizenship of a limited liability company). 21 Accordingly, 22 IT IS ORDERED that by December 31, 2014, Plaintiff shall file an supplement to 23 the complaint properly alleging federal subject matter jurisdiction, or this case will be 24 dismissed without prejudice for lack of federal subject matter jurisdiction. 25 26 27 28 DATED this 18th day of December, 2014.

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