Greer Fractional Real Estate Partners LLC v. Granite State Insurance Company Incorporated et al

Filing 10

ORDER re 1 Notice of Removal, the moving defendant shall file an amended notice of removal in compliance with this Order no later than December 13, 2013. Signed by Senior Judge Paul G Rosenblatt on 12/3/13. (LSP)

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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 10 Greer Fractional Real Estate Partners, LLC, 11 Plaintiff, 12 vs. 13 14 15 Granite State Insurance Company, Inc., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-13-08285-PCT-PGR ORDER 16 17 Defendant Granite State Insurance Company removed this action on 18 November 26, 2013 solely on the basis of diversity of citizenship jurisdiction 19 pursuant to 28 U.S.C. § 1332. Having reviewed the Notice of Removal to determine 20 if subject matter jurisdiction exists in this Court, the Court finds that the removing 21 defendant has not met its jurisdictional pleading burden because the Notice of 22 Removal fails to affirmatively set forth the facts necessary for the Court to determine 23 the citizenship of the plaintiff. In order to cure this jurisdictional deficiency, the Court 24 will require the removing defendant to file an amended notice of removal that 25 26 1 properly and affirmatively alleges the citizenship of all named parties to this action.1 2 See 28 U.S.C. § 1653. The removing defendant is advised that its failure to timely 3 comply with this Order will result in the remand of this action without further notice 4 for lack of subject matter jurisdiction. 5 The Notice of Removal is facially deficient because the removing defendant 6 asserts that the plaintiff is a “an Arizona limited liability company with its principal 7 place of business located in Arizona.” This allegation is insufficient as a matter of 8 law because the citizenship of a limited liability company for purposes of § 1332 is 9 the citizenship of each of its members. Johnson v. Columbia Properties Anchorage, 10 LP, 437 F.3d 894, 899 (9th Cir. 2006) ("Notwithstanding LLCs' corporate traits, ... 11 every circuit that has addressed the question treats them like partnerships for the 12 purposes of diversity jurisdiction. ... We therefore join our sister circuits and hold 13 that, like a partnership, an LLC is a citizen of every state of which its 14 owners/members are citizens.") Since nothing is alleged in the Notice of Removal 15 concerning the citizenship of the plaintiff’s members, the Court will require the 16 removing defendant to specifically identity each member of the plaintiff by name, 17 specifically allege the type of business entity that any non-individual member is, and 18 affirmatively allege the state of citizenship of each member.2 19 IT IS THEREFORE ORDERED that the removing defendant shall file an 20 21 22 23 24 25 26 1 The parties are advised that LRCiv 7.1(a)(3) forbids the complete capitalization of a party’s name in the caption of any document filed with the Court unless that party’s name is normally completely capitalized. 2 Since only a corporation or an individual may be a citizen for purposes of § 1332 jurisdiction, the amended notice of removal must set forth any sublayers of partners or members that the plaintiff may have. -2- 1 amended notice of removal in compliance with this Order no later than 2 December 13, 2013. 3 DATED this 3rd day of December, 2013. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3-

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