Chris Hicks v. Briad Restaurant Group, L.L.C.

Filing 9

ORDER TO SHOW CAUSE by Judge Dolly M. Gee. Response to Order to Show Cause due by 7/14/2014. (rne)

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

Date

CV 14-05073 DMG (VBKx)

Title Chris Hicks v. Briad Restaurant Group, L.L.C.
Present: The Honorable

July 7, 2014
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER
JURISDICTION
On June 30, 2014, Defendant Briad Restaurant Group, L.L.C. filed a Notice of Removal.
[Doc. # 1.] The Notice of Removal alleges that this Court has jurisdiction on the basis of
diversity of citizenship, pursuant to 28 U.S.C. § 1332(d). (Id.)
To establish diversity jurisdiction for a class action brought under the Class Action
Fairness Act, a least one member of the purported class must be a citizen of a State different
from a Defendant. 28 U.S.C. § 1332(d)(2)(A); Washington v. Chimei Innolux Corp., 659 F.3d
842, 847 (9th Cir. 2011). The Notice of Removal alleges that Plaintiff is a citizen of California,
citing Plaintiff’s Complaint ¶ 10. (Id. at 4.) It also asserts that Defendant Briad is a “Limited
Liability Company formed and registered under the laws of New Jersey with its principal place
of business in Livingston, New Jersey. (Id.) The accompanying Declaration of David Cahill
states that Briad is a New Jersey LLC with its principal place of business in New Jersey.
(Declaration of David Cahill ¶¶ 2-3 [Doc. # 2].) An LLC is a citizen of every state of which its
owners/members are citizens. Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894,
899 (9th Cir. 2006). The Notice of Removal fails to adequately allege the citizenship of Briad, a
limited liability company, because it does not state the citizenship of all owners and/or members
of Briad. Accordingly, the Notice of Removal fails to establish that complete diversity of
citizenship exists.
In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE why this action
should not be dismissed for lack of subject matter jurisdiction by no later than July 14, 2014.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT