Geno Duane Poates, Sr. v. Relish Labs LLC et al
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION by Judge John W. Holcomb. Accordingly, the Court hereby ORDERES as follows: SEE DOCUMENT FOR FURTHER INFORMATION. ( Show Cause Hearing SET for 6/30/2023 at 11:00 AM before Judge John W. Holcomb.) ( Scheduling Conference CONTINUED TO 6/30/2023 at 11:00 AM before Judge John W. Holcomb.) (twdb)
In addition, the Federal Rules of Civil Procedure require that when an action
is filed or removed to federal court on the basis of diversity under 28 U.S.C.
§ 1332(a), each party must file a disclosure statement that identifies the citizenship
of every individual or entity whose citizenship is attributed to that party.
Fed. R. Civ. P. 7.1(a)(2)(A). Indeed, each party that subsequently appears must file
a Rule 7.1 Disclosure Statement with that party’s “first appearance, pleading,
petition, motion, response, or other request addressed to the court.”
Fed. R. Civ. P. 7.1(b)(1).
The issue here is the citizenship Relish Labs LLC, which is—according to
the allegations in the Removal Notice—a limited liability company. 2 A limited
liability company “is a citizen of every state of which its owners/members are
citizens.” Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th
Cir. 2006). The Court cannot determine whether the parties are diverse until it
knows the citizenship of every owner/member of Relish Labs. 3
Accordingly, the Court hereby ORDERS as follows:
Relish Labs is DIRECTED to file no later than June 9, 2023, a notice
of the names of each of its owners/members, as well as the states of citizenship of
each of those owners/members.
An in-person hearing on this Order to Show Cause is SET for June 30,
2023, at 11:00 a.m.
On its own motion, the Court CONTINUES the Scheduling
Conference, currently set for May 26, 2023, to June 30, 2023, at 11:00 a.m.
IT IS SO ORDERED.
Id. at 3:2-4 & 4:11-17.
The parties do not dispute that Plaintiff Geno Duane Poates is a citizen of California. See,
e.g., Removal Notice 5:13-17.
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Initials of Deputy Clerk cla
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