Chancellor et al v. United-Bilt Homes, LLC

Filing 20

ORDER REMANDING CASE to the Circuit Court of Sebastian County, Arkansas. Signed by Honorable P. K. Holmes, III on May 24, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT G. CHANCELLOR and JIMMIE DEE CHANCELLOR v. PLAINTIFFS Case No. 2:11-CV-02255 UNITED-BILT HOMES, LLC DEFENDANT ORDER In an Order dated May 23, 2012 (Doc. 18), the Court raised sua sponte the issue of whether the Court has subject matter jurisdiction over the claims asserted in this case. Subject matter jurisdiction and the issue of this Court’s authority to hear this action may be raised at any time. Fed. R. Civ. P. 12(h)(3). Defendant United-Bilt Homes, LLC conceded in a Response to the Court’s Order to file clarifying documentation (Doc. 19) that several of Defendant’s members are, in fact, citizens of Arkansas, and therefore, Defendant cannot show complete diversity of citizenship as the basis for removal of this action to federal court. 28 U.S.C. § 1332(a); OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007) (“An LLC’s citizenship, for purposes of diversity jurisdiction, is the citizenship of each of its members”). Accordingly, as the Court lacks subject matter jurisdiction over this dispute by virtue of the lack of complete diversity of citizenship between the parties, this case is hereby REMANDED to the Circuit Court of Sebastian County, Arkansas. IT IS SO ORDERED this 24th day of May, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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