Scott Miller v. Yucatan Foods, LP et al

Filing 17

MINUTES (IN CHAMBERS) - ORDER TO SHOW CAUSE RE DIVERSITY JURISDICTION by Judge Dolly M. Gee. The Court therefore ORDERS Defendant to SHOW CAUSE why this action should not be remanded to state court for lack of subject matter jurisdiction. By no lat er than April 25, 2017, Defendant shall file a response to this Order to Show Cause (OSC), along with a sworn declaration setting forth the states of citizenship of the members of the limited partnership. In addition to addressing the issue above, Defendant must also identify approximately what percentage of all putative class members are located in Florida. Plaintiffs may file a response within seven days after Defendants OSC response. The April 21, 2017 Scheduling Conference is VACATED pending the resolution of this OSC and will be reset, if necessary. IT IS SO ORDERED. SEE ATTACHED ORDER FOR FURTHER DETAILS. (clee)

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

Date

CV 17-1470-DMG (GJSx)

Title Scott Miller v. Yucatan Foods, LP, et al.

April 18, 2017
Page

1 of 1

Present: The Honorable

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 RE DIVERSITY
JURISDICTION
Defendant Yucatan Foods, L.P. removed this case to federal court based on diversity
jurisdiction. (“Removal Notice”) [Doc. # 2.] Plaintiff Scott Miller is a Florida citizen. Id. ¶ 7.
Defendant asserts it is not a citizen of Florida because it is a “limited partnership without any
general or limited partner that is a citizen of Florida.” Id. ¶ 8. A limited partnership, however,
must identify the states of citizenship of all of its component members—it is not enough to make
a blanket assertion that none of its members are Florida citizens. Johnson v. Columbia Props.
Advantage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (partnerships and limited liability companies
are citizens of every state of which their owners or members are citizens).
The Court therefore ORDERS Defendant to SHOW CAUSE why this action should not
be remanded to state court for lack of subject matter jurisdiction. By no later than April 25,
2017, Defendant shall file a response to this Order to Show Cause (“OSC”), along with a sworn
declaration setting forth the states of citizenship of the members of the limited partnership. In
addition to addressing the issue above, Defendant must also identify approximately what
percentage of all putative class members are located in Florida. Plaintiffs may file a response
within seven days after Defendant’s OSC response. The April 21, 2017 Scheduling Conference
is VACATED pending the resolution of this OSC and will be reset, if necessary.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk KT