FRS GC LLC v. Oak Tree Management LLC et al

Filing 17

ORDER: IT IS ORDERED that by June 9, 2017, Plaintiff shall file a supplement to the complaint listing the names and citizenship of every member of each limited liability company, or this case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction [see attached Order for details]. Signed by Senior Judge James A Teilborg on 6/1/17. (MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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FRS GC LLC,
Plaintiff,

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ORDER

v.

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No. CV-17-01189-PHX-JAT

Oak Tree Management LLC, Milagro
Consulting LLC, David Harbour, and Abby
Harbour,

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Defendants.

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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

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(7th Cir. 2003); see also Valdez v. Allstate Insurance Co., 372 F.3d 1115, 1116-1118 (9th

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Cir. 2004) (remanding to the district court to conduct proceedings and consider evidence

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as necessary to determine subject matter jurisdiction).

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In this case, three parties are limited liability companies. “… [L]imited liability

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companies are citizens of every state of which any member is a citizen.”

Belleville

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Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003); see

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

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In the complaint, Plaintiff alleges federal subject matter jurisdiction based on

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diversity. (Doc. 1 at 4). To plead diversity, Plaintiff states, “Upon information and

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belief, no member of Oak Tree or Milagro is a citizen of the same state as any member of

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Plaintiff.” (Id.) This allegation is inadequate for this Court to independently determine

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that diversity jurisdiction exists in this case. Therefore,

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IT IS ORDERED that by June 9, 2017, Plaintiff shall file a supplement to the

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complaint listing the names and citizenship of every member of each limited liability

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company, or this case will be dismissed, without prejudice, for lack of federal subject

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matter jurisdiction.

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Dated this 1st day of June, 2017.

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