International Fruit Genetics LLC v. Okran 38 PTY Ltd et al

Filing 9

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 4/17/2017. (vdr)

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

CV 17-2371 FMO (SKx)

Title

International Fruit Genetics, LLC, v. Okran 38 (Pty) LTD, et al.

Present: The Honorable

Date

April 11, 2017

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: Jurisdiction

On March 27, 2017, plaintiff International Fruit Genetics, LLC ("plaintiff") filed a complaint
in this court against Okran 38 (Pty) Ltd, Anytime Investments, No. 2 CC, and Pieter Eduard Retief
Redelinghuys (collectively, "defendants"), asserting state-law claims and a claim under the
Declaratory Judgment Act , 28 U.S.C. § 2201. (See Dkt. 1, Complaint). Subject matter jurisdiction
is predicated on diversity of citizenship pursuant to 28 U.S.C. § 1332. (See id. at ¶ 3).
The Complaint alleges that plaintiff is a limited liability company, with its principal place of
business in Bakersfield, California (see Dkt. 1, Complaint at ¶ 5), and that defendants are a
"private company[,]" a "close corporation[,]" and an individual citizen of South Africa. (Id. at ¶¶
6-8). Plaintiff, however, has not set forth the citizenship of its members. (See, generally, id. at ¶
5).
Limited liability companies are treated like partnerships rather than corporations and are
deemed "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); 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."). "There is no such thing as ‘a
[state name] limited partnership' for purposes of diversity jurisdiction. There are only partners,
each of which has one or more citizenships." Hart v. Terminex Int'l, 336 F.3d 541, 544 (7th Cir.
2003) (internal quotation marks omitted). Moreover, "[a]n LLC's principal place of business [or]
state of organization is irrelevant" for purposes of diversity jurisdiction. See Buschman v.
Anesthesia Business Consultants LLC, 42 F.Supp.3d 1244, 1248 (N.D. Cal. 2014); Tele Munchen
Fernseh GMBH & Co Produktionsgesellschaft v. Alliance Atlantis Int'l Distribution, LLC, 2013 WL
6055328, *4 (C.D. Cal. 2013) ("As a limited liability company, [defendant]'s principal place of
business is irrelevant for purposes of diversity jurisdiction."). If a member of an LLC is a
corporation, then the state of incorporation and its principal place of business must be shown.
Because plaintiff has not adequately set forth its citizenship, the court cannot determine
whether it has subject matter jurisdiction. Therefore, IT IS ORDERED that no later than April 17,
2017, plaintiff shall file a Declaration Re: Citizenship setting forth its citizenship. Among other
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

CV 17-2371 FMO (SKx)

Date

Title

International Fruit Genetics, LLC, v. Okran 38 (Pty) LTD, et al.

April 11, 2017

things, plaintiff shall identify the citizenship of each of its partners, members, and owners.

00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

vdr

Page 2 of 2