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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Greer Fractional Real Estate
Partners, LLC,

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Plaintiff,
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vs.
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Granite State Insurance Company,
Inc., et al.,
Defendants.

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No. CV-13-08285-PCT-PGR
ORDER

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Defendant Granite State Insurance Company removed this action on

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November 26, 2013 solely on the basis of diversity of citizenship jurisdiction

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pursuant to 28 U.S.C. § 1332. Having reviewed the Notice of Removal to determine

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if subject matter jurisdiction exists in this Court, the Court finds that the removing

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defendant has not met its jurisdictional pleading burden because the Notice of

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Removal fails to affirmatively set forth the facts necessary for the Court to determine

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the citizenship of the plaintiff. In order to cure this jurisdictional deficiency, the Court

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will require the removing defendant to file an amended notice of removal that

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properly and affirmatively alleges the citizenship of all named parties to this action.1

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See 28 U.S.C. § 1653. The removing defendant is advised that its failure to timely

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comply with this Order will result in the remand of this action without further notice

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for lack of subject matter jurisdiction.

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The Notice of Removal is facially deficient because the removing defendant

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asserts that the plaintiff is a “an Arizona limited liability company with its principal

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place of business located in Arizona.” This allegation is insufficient as a matter of

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law because the citizenship of a limited liability company for purposes of § 1332 is

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the citizenship of each of its members. Johnson v. Columbia Properties Anchorage,

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LP, 437 F.3d 894, 899 (9th Cir. 2006) ("Notwithstanding LLCs' corporate traits, ...

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every circuit that has addressed the question treats them like partnerships for the

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purposes of diversity jurisdiction. ... We therefore join our sister circuits and hold

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that, like a partnership, an LLC is a citizen of every state of which its

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owners/members are citizens.") Since nothing is alleged in the Notice of Removal

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concerning the citizenship of the plaintiff’s members, the Court will require the

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removing defendant to specifically identity each member of the plaintiff by name,

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specifically allege the type of business entity that any non-individual member is, and

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affirmatively allege the state of citizenship of each member.2

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IT IS THEREFORE ORDERED that the removing defendant shall file an

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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.
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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.
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amended notice of removal in compliance with this Order no later than

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December 13, 2013.

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DATED this 3rd day of December, 2013.

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