Centrepointe Distribution Center II, LLC v. Autopartsman Corporation et al

Filing 12

ORDER TO SHOW CAUSE RE: LACK OF SUBJECT-MATTER JURISDICTION by Judge Otis D. Wright, II. The Court ORDERS Centrepointe to SHOW CAUSE in writing by Monday, April 14, 2014, why the Court should not dismiss its action for lack of subject-matter jurisdi ction. No hearing will be held. The Court will discharge this Order upon receipt of a declaration establishing the citizenship of Centrepointe's members. Failure to timely respond will result in dismissal for lack of prosecution and jurisdiction. SEE ORDER FOR DETAILS. (cch)

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United States District Court
Central District of California

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CENTREPOINTE DISTRIBUTION

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Case No. 2:14-cv-02553-ODW(AJWx)

CENTER II, LLC,
Plaintiff,

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ORDER TO SHOW CAUSE RE.
LACK OF SUBJECT-MATTER

v.

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AUTOPARTSMAN CORPORATION;

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KIMSA INTERNATIONAL

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CORPORATION; PARTS WORLD

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CORPORATION; KYUNG TAEK KIM;

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SOON TAEK KIM; DANNY KIM;

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JONATHAN KIM; CESAR JOSUE

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JURISDICTION

CAICEDO; DOES 1–40, inclusive,

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Defendants.

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On April 3, 2014, Plaintiff Centrepointe Distribution Center II, LLC filed suit

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against Defendants, ostensibly invoking diversity jurisdiction under 28 U.S.C. § 1332.

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(ECF No. 1.) After reviewing the Complaint, the Court notes that Centrepointe has

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inadequately alleged its own jurisdiction.

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clarification from Centrepointe in order to proceed.

The Court therefore needs further

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Centerpointe is a limited-liability company formed under Delaware law.

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(Compl. ¶ 3.) Plaintiffs goes on to allege that it has its principal place of business in

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Seattle, Washington. (Id.) But that is not the test for citizenship of a limited-liability

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company. Rather, a limited-liability company “is a citizen of every state of which its

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owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d

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894, 899 (9th Cir. 2006). Centrepointe has not identified its members—let alone

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pleaded their citizenship.

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The Court therefore ORDERS Centrepointe to SHOW CAUSE in writing by

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Monday, April 14, 2014, why the Court should not dismiss its action for lack of

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subject-matter jurisdiction. No hearing will be held. The Court will discharge this

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Order upon receipt of a declaration establishing the citizenship of Centrepointe’s

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members. Failure to timely respond will result in dismissal for lack of prosecution

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and jurisdiction.

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IT IS SO ORDERED.

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April 7, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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