Delta Scientific Corporation v. Neu Security Services, LLC et al

Filing 32

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. Response to Order to Show Cause due by 7/29/2014. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-1738 FMO (ASx)

Title

United States of America, for the use of Delta Scientific Corp. v. Neu
Security Services, LLC et al.

Present: The Honorable

Date

July 21, 2014

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal

On July 7, 2014, Delta Scientific Corporation (“plaintiff”) filed its First Amended Complaint
(“FAC”) in this court. Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28
U.S.C. § 1332. However, the jurisdictional allegations appear to be defective. A partnership,
limited liability company, or other unincorporated association is joined as a party. The court must
consider the citizenship of each of the partners, including limited partners, or members. The
citizenship of each of the entity’s partners or members must therefore be alleged. See Grupo
Dataflux v. Atlas Global Grp., L.P., 541 U.S. 567, 569, 124 S.Ct. 1920, 1923 (2004) (“[A]
partnership . . . is a citizen of each State or foreign country of which any of its partners is a
citizen.”); Carden v. Arkoma Assocs., 494 U.S. 185, 195, 110 S.Ct. 1015, 1021 (1990) (diversity
jurisdiction depends on the citizenship of all members of an artificial entity); Johnson v. Columbia
Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“[A]n unincorporated association such
as a partnership has the citizenships of all of its members.”). Accordingly, IT IS ORDERED that:
1. No later than July 29, 2014, plaintiff shall show cause in writing why this action should
not be dismissed for the reasons noted above. Failure to submit a response by the deadline set
forth above may be deemed as consent to the dismissal of the action without prejudice.
Defendants may submit a response in the same time period.
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

vdr

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