Williamsburg National Insurance Company v. Rivera Trucking LLC, et al.

Filing 11

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION by Judge Michael W. Fitzgerald. Plaintiff is ORDERED TO SHOW CAUSE, in writing, on or before June 18, 2021, why this action should not be dismissed for lack of subject-matter jurisdiction. Plaintiff's failure to respond by the above date will result in dismissal of the action without prejudice. (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 21-04236-MWF (JPRx)
Date: June 7, 2021
Title:
Williamsburg National Insurance Co. v. Rivera Trucking, LLC et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
John E. Peer, Ira D. Goldberg

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER TO SHOW CAUSE RE: SUBJECTMATTER JURISDICTION
Plaintiff Williamsburg National Insurance Company initiated this action on
May 20, 2021, seeking relief against Defendants Rivera Trucking, LLC, and Ohio
Security Insurance Company for declaratory relief, equitable contribution,
equitable subrogation, and recoupment. (See generally Complaint (Docket No. 1)).
Plaintiff attempts to invoke this Court’s diversity jurisdiction pursuant to 28 U.S.C.
§ 1332. (Complaint ¶ 1).
“[F]ederal courts have an independent obligation to ensure that they do not
exceed the scope of their jurisdiction.” Henderson ex rel. Henderson v. Shinseki,
562 U.S. 428, 434 (2011) (assessing whether a provision of a federal statute had
jurisdictional consequences).
Jurisdiction under § 1332 requires that the amount in controversy exceed
$75,000 and that the parties meet the complete diversity rule. 28 U.S.C. § 1332(a);
Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 829 (1989). For complete
diversity to exist, the state citizenship of every plaintiff must differ from the state
citizenship of every defendant. Newman-Green, 490 U.S. at 829. In the case of
limited liability companies, the company is considered a citizen of every state of
which its owners or members are citizens. Johnson v. Columbia Props.
Anchorage, LP, 437 F.3d 894, 889 (9th Cir. 2006) (“We . . . join our sister circuits
and hold that, like a partnership, an LLC is a citizen of every state of which its
owners/members are citizens.”).
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CIVIL MINUTES—GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 21-04236-MWF (JPRx)
Date: June 7, 2021
Title:
Williamsburg National Insurance Co. v. Rivera Trucking, LLC et al.
The Complaint does not specify the citizenship of the owners or members of
Defendant Rivera Trucking, LLC (“Rivera”). (Complaint ¶¶ 4). Instead, Plaintiff
asserts that Rivera is incorporated in California, with principal place of business
located in Chino, California. (Id.). Plaintiff must identify the citizenships of all of
Rivera’s owners or members. Without such information, the Court cannot
determine whether the complete diversity requirement has been met.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, on or
before June 18, 2021, why this action should not be dismissed for lack of subjectmatter jurisdiction. Plaintiff’s failure to respond by the above date will result in
dismissal of the action without prejudice.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL
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