Centrepointe Distribution Center II, LLC v. Autopartsman Corporation et al
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)
United States District Court
Central District of California
Case No. 2:14-cv-02553-ODW(AJWx)
CENTER II, LLC,
ORDER TO SHOW CAUSE RE.
LACK OF SUBJECT-MATTER
CORPORATION; PARTS WORLD
CORPORATION; KYUNG TAEK KIM;
SOON TAEK KIM; DANNY KIM;
JONATHAN KIM; CESAR JOSUE
CAICEDO; DOES 1–40, inclusive,
On April 3, 2014, Plaintiff Centrepointe Distribution Center II, LLC filed suit
against Defendants, ostensibly invoking diversity jurisdiction under 28 U.S.C. § 1332.
(ECF No. 1.) After reviewing the Complaint, the Court notes that Centrepointe has
inadequately alleged its own jurisdiction.
clarification from Centrepointe in order to proceed.
The Court therefore needs further
Centerpointe is a limited-liability company formed under Delaware law.
(Compl. ¶ 3.) Plaintiffs goes on to allege that it has its principal place of business in
Seattle, Washington. (Id.) But that is not the test for citizenship of a limited-liability
company. Rather, a limited-liability company “is a citizen of every state of which its
owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d
894, 899 (9th Cir. 2006). Centrepointe has not identified its members—let alone
pleaded their citizenship.
The Court therefore 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 jurisdiction. 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
IT IS SO ORDERED.
April 7, 2014
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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