St. Paul Fire and Marine Insurance Company et al v. Taylor Morrison of California LLC et al

Filing 10

MINUTES IN CHAMBERS ORDER DISMISSING CASE by Judge Michael W. Fitzgerald. St. Paul has failed to demonstrate that the Court has subject matter jurisdiction over this action based on diversity of citizenship. Accordingly, this action is hereby DISMISSED WITHOUT PREJUDICE. If St. Paul adequately can allege subject matter jurisdiction, it can re-file this lawsuit in this Court. Case Terminated. Made JS-6. (kbr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No. EDCV 13-937-MWF (SPx)
Title:

Date: June 28, 2013

St. Paul Fire and Marine Insurance Company, et al. -v- Taylor Morrison
of California, LLC, et al.

PRESENT: HONORABLE MICHAEL W. FITZGERALD, U.S. DISTRICT
JUDGE
Rita Sanchez
Courtroom Deputy
ATTORNEYS PRESENT FOR PLAINTIFFS:
None Present

None Present
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANTS:
None Present

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION
WITHOUT PREJUDICE FOR LACK OF
SUBJECT MATTER JURISDICTION
On May 22, 2013, Plaintiffs St. Paul Fire and Marine Insurance Company
and St. Paul Mercury Insurance Company (“St. Paul”) filed this action against
Defendants Taylor Morrison of California, LLC, and Taylor Morrison Services,
Inc. (“Taylor Morrison”). (Docket No. 1). On June 10, 2013, the Court issued an
Order to Show Cause Re: Subject Matter Jurisdiction. (Docket No. 5). On June
24, 2013, St. Paul filed its Response. (Docket No. 7).
St. Paul asserts subject matter jurisdiction on the basis of diversity of
citizenship pursuant to 28 U.S.C. § 1332. The Complaint fails to allege the
citizenship of every partner or member for Taylor Morrison of California, LLC.
(See Docket No. 5 (citing cases)). The Complaint alleges only that Taylor
Morrison of California, LLC, is a “limited liability company, existing under the
laws of the State of California, with its principal place of business in California.”
(Compl. ¶ 3).
In its Response (at 3), St. Paul argues only that Taylor Morrison of
California, LLC, is a “wholly-owned subsidiary” of Taylor Morrison
Communities, Inc. Even assuming that Taylor Morrison Communities, Inc. is the
sole member of Taylor Morrison of California, LLC – which is not explicitly
______________________________________________________________________________
CIVIL MINUTES—GENERAL
1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No. EDCV 13-937-MWF (SPx)
Title:

Date: June 28, 2013

St. Paul Fire and Marine Insurance Company, et al. -v- Taylor Morrison
of California, LLC, et al.

alleged in the Response – neither the Complaint nor the Response adequately
alleges the citizenship of Taylor Morrison Communities, Inc.
According to the Response (at 3), Taylor Morrison Communities, Inc., “is a
citizen of the State of Delaware, where it was incorporated.” But, as the Response
acknowledges, a corporation is a citizen of its state of incorporation and of the state
where it has its principal place of business. 28 U.S.C. § 1332(c)(1). Neither the
Complaint nor the Response alleges where Taylor Morrison Communities, Inc. has
its principal place of business.
Consequently, St. Paul has failed to demonstrate that the Court has subject
matter jurisdiction over this action based on diversity of citizenship.
Accordingly, this action is hereby DISMISSED WITHOUT PREJUDICE.
If St. Paul adequately can allege subject matter jurisdiction, it can re-file this
lawsuit in this Court.
IT IS SO ORDERED.

______________________________________________________________________________
CIVIL MINUTES—GENERAL
2