Charlie A. Powell, II v. Ethan Healy et al

Filing 11

ORDER by Judge Dale S. Fischer REMANDING Case to Chancery Court for Shelby County, Tennessee at Memphis. (Made JS-6. Case Terminated.) See Order for specifics. (jp)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CHARLIE A. POWELL, II,
Plaintiff,
v.
ETHAN HEALY, et al.,
Defendants.

CV 20-10171 DSF (AFMx)
Order REMANDING Case to
Chancery Court for Shelby
County, Tennessee at Memphis

This case was improperly removed from the Chancery Court for
Shelby County, Tennessee to this Court. 28 U.S.C. § 1441(a). Plaintiff
has objected to this removal and remand is appropriate. In addition,
contrary to the notice of removal, it appears on the face of the
complaint that there is no diversity jurisdiction. Plaintiff is directly
alleged to be a member of the Defendant LLC, Compl. ¶¶ 1, 14, and,
therefore, there is both a Tennessee plaintiff and a Tennessee
defendant in the case. See Johnson v. Columbia Props. Anchorage, LP,
437 F.3d 894, 899 (9th Cir. 2006) (limited liability company is a citizen
of the states of which each of its members is a citizen).
The case is REMANDED to the Chancery Court for Shelby County,
Tennessee at Memphis.

The Court retains jurisdiction over Plaintiff’s request for sanctions.
Defendants’ opposition to the sanctions request is due November 30,
2020. Plaintiff’s reply is due December 7, 2020. As of that date, the
matter will be under submission with written order to follow.
IT IS SO ORDERED.

Date: November 19, 2020

___________________________
Dale S. Fischer
United States District Judge

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