Dana Kemper et al v. Aaron Stipkovich et al

Filing 36

ORDER TO SHOW CAUSE RE DISMISSAL for Lack of Subject Matter Jurisdiction by Judge Dale S. Fischer. Response to Order to Show Cause due by 10/30/2012. (rne)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 12-455 DSF (Ex)

10/24/12

Dana Kemper, et al. v. Aaron Stipkovich, et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

R. Neal for Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order to Show Cause re Dismissal for Lack of
Subject Matter Jurisdiction

Plaintiffs claim that this Court has jurisdiction over this case due to diversity
jurisdiction. However, one of the Defendants is an LLC in which Plaintiffs claim an
ownership interest. Limited liability companies are citizens of the same states as their
members. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir.
2006). In addition to the probability that Plaintiffs should be considered members of the
LLC and diversity, therefore, would necessarily not exist, no other members’ citizenships
are alleged. In light of this, Plaintiffs are ordered to show cause, in writing, no later than
October 30, 2012, why this case should not be dismissed for lack of subject matter
jurisdiction.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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