FRS GC LLC v. Oak Tree Management LLC et al

Filing 21

ORDER: IT IS ORDERED that by June 14, 2017, Plaintiff shall file a second supplement to the complaint listing the names and citizenship of every partner of Plaintiff's sole member, 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 6/12/17. (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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On June 1, 2017, this Court entered an order that ended with:

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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.

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(Doc. 17).

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On June 9, 2017, Plaintiff filed a supplement that says:

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Plaintiff FRS GC LLC is a limited liability company organized
under the laws of the State of Delaware. It has only one member: Princeton
Alternative Income Fund, L.P., a limited partnership organized under the
laws of the State of Delaware. Princeton Alternative Income Fund, L.P.—
and thus its subsidiary plaintiff FRS GC LLC—are citizens of: Delaware,
California, New Jersey, New York, Illinois, Georgia, Maryland, Texas, and
the British Virgin Islands.

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(Doc. 20).
This supplement failed to fully comply with the Court’s June 1, 2017 order.

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Specifically, it fail to identify each member of the limited partnership (which is the sole

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member of Plaintiff), what type of entity each partner is (if any), and on a partner by

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partner basis, allege citizenship of the partner.1 The Court will give Plaintiff one (and

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only one) further opportunity to allege jurisdiction. Therefore,

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IT IS ORDERED that by June 14, 2017, Plaintiff shall file a second supplement

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to the complaint listing the names and citizenship of every partner of Plaintiff’s sole

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member,2 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 12th day of June, 2017.

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See Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (holding that
partnerships take on the citizenship of every general and limited partner).
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In the first supplement, Plaintiff listed every member of the Defendant LLCs.
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