Kielsmeier v. Penske Truck Leasing Company LP et al

Filing 18

ORDER - that this case is remanded to the Mohave County Superior Court. Signed by Senior Judge James A Teilborg on 4/1/2016. (Attachments: # 1 Remand Letter)(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond Kielsmeier,
Plaintiff,

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ORDER

v.

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No. CV-16-08022-PCT-JAT

Penske Truck Leasing Company LP, et al.,

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Defendants.

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On March 23, 2016, the Court issued the following order:

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“Inquiring whether the court has jurisdiction is a federal judge=s first
duty in every case.” BellevillethCatering Co. v. Champaign Market Place,
L.L.C., 350 F.3d 691, 693 (7 Cir. 2003). In this case, the notice of
removal fails to sufficiently plead jurisdiction. See 28 U.S.C. ' 1332;
Carden v. Arkoma Associates, 494 U.S. 185, 195-96 (1990) (discussing the
citizenship of limited partnerships).

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Accordingly,
IT IS ORDERED that Defendant (as the removing party) shall file a
supplement to the notice of removal by April 1, 2016, properly alleging
diversity or this case will be remanded to state court.

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Doc. 13.

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At the Rule 16 conference on March 23, 2016, the Court discussed at length that

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limited partnerships, like limited liability companies, take on the citizenship of all of their

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members. Further that is the holding of Belleville Catering, cited in the above quoted

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Order. See also Johnson v. Columbia Properties Anchorage, 437 F.3d 894, 899 (9th Cir.

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2006).

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When Defendant filed its supplement to properly and fully allege jurisdiction,

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Defendant disclosed that the general partner of Defendant is a limited liability company.

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However, Defendant did not undertake to list all the members of this limited liability

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company.

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sufficient information to determine whether this Court has diversity jurisdiction.

Therefore, the notice of removal, as supplemented, still fails to allege

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As this Court’s above quoted Order stated, having given Defendant two

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opportunities to plead jurisdiction, the Court will remand this case for failure to allege

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sufficient facts to establish diversity jurisdiction. Accordingly,

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IT IS ORDERED that this case is remanded to the Mohave County Superior
Court.
Dated this 1st day of April, 2016.

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