Jody D. Kimbrell v. Poipu Holdings, LLC

Filing 15

ORDER TO SHOW CAUSE RE SUBJECT-MATTER JURISDICTION by Judge Stanley Blumenfeld, Jr.: Plaintiff needs to show that diversity is complete as to all Defendant's members. Accordingly, Plaintiff is ORDERED to show cause, in writing, by no later than December 6, 2024, why the Court has jurisdiction over this case by demonstrating complete diversity of citizenship between the parties. Failure to timely comply will result in remand. (see document for further details) (bm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JODY D. KIMBRELL,

Case No. 2:24-cv-08590-SB-PD

Plaintiff,
ORDER TO SHOW CAUSE RE
SUBJECT-MATTER
JURISDICTION

v.
POIPU HOLDINGS, LLC,
Defendant.

Plaintiff Jody D. Kimbrell filed the complaint in this conversion and fraud
case on October 3, 2024, invoking the Court’s diversity jurisdiction. Dkt. No. 1.
Federal courts have subject-matter jurisdiction only over matters authorized
by the Constitution and Congress. Kokkonen v. Guardian Life Ins. Co., 511 U.S.
375, 377 (1994). This Court has a duty to assess whether federal subject-matter
jurisdiction exists and may consider the issue sua sponte at any stage of the
proceedings. Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1093 (9th Cir. 2004); see
also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) (recognizing that
“Article III generally requires a federal court to satisfy itself of its jurisdiction over
the subject matter before it considers the merits of a case”).
A federal district court has original jurisdiction over a civil action when
there is complete diversity of citizenship between the parties and the amount in
controversy exceeds $75,000. 28 U.S.C. § 1332(a). Complete diversity means that
each of the plaintiffs must be a citizen of a different state than each of the
defendants. Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996).
In the complaint, Plaintiff identified Defendant as a California limited
liability company. Dkt. No. 1 at 2. But the citizenship of a limited liability
company is determined by the citizenship of each of its members, and Plaintiff
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offers no allegations as to the citizenship of Defendant’s members. Johnson v.
Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).
Plaintiff needs to show that diversity is complete as to all Defendant’s
members. Accordingly, Plaintiff is ORDERED to show cause, in writing, by no
later than December 6, 2024, why the Court has jurisdiction over this case by
demonstrating complete diversity of citizenship between the parties. Failure to
timely comply will result in remand.
___________________________
Stanley Blumenfeld, Jr.
United States District Judge

Date: November 25, 2024

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