Ileana Spizzirri v. JP Morgan Chase Bank National Association et al

Filing 6

(In Chambers) Order to Show Cause re Initial Amended Complaint by Judge James V. Selna: The Initial Amended Complaint is insufficient. Spizzirri is ordered to file an amended initial pleading within 15 days identifying each member of each alleged LL C and the member's citizenship and principal place of business as the date of the filing of the initial pleading. If any member is itself an LLC, the same information shall be provided for each subtier member, and if need be, for each successive subtier. (Docket No. 4, p. 2; emphasis supplied.) This renewed request includes The Bear Stearns Companies, LLC. A failure to respond will result in dismissal of the action for lack of jurisdiction. (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title

Date

SACV 12-311 JVS (RNBx)

March 15, 2012

Spizzirri v. JP Morgan Chase Bank

Present: The
Honorable

James V. Selna
Karla J. Tunis

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order to Show Cause re Initial Amended Complaint

On March 1, 2012, the Court directed Ileana Spizzirri (“Spizzirri”) to filed
an amended pleading providing information concerning the members of JP Morgan
Securities, LLC and EMC Mortgage, LLC. (Docket No. 4.) The Court indicated that
the information was necessary to determine if Spizzirri had properly invoked diversity
jurisdiction under 28 U.S.C. § 1332.
The Initial Amended Complaint is insufficient.
With respect to JP Morgan Securities, LLC, the Initial Amended
Complaint simply states that “[a]ll of the membership interests in JP Morgan
Securities, LLC . . . are owned solely by Defendant JP Morgan Chase.” (Initial
Amended Complaint, ¶ 5.) This is non-responsive because it does not tell the Court
who the members are.
With respect to EMC Mortgage, LLC, the Initial Amended Complaint
simply states that “[a]ll of the membership interests in Defendant EMC are solely
owned by BSLLC.” (Id., ¶ 6.) This is similarly non-responsive because it does not tell
the Court who the members are.
In its order of March 1, 2012, the Court failed to ask for additional
information concerning another limited liability company, The Bear Stearns
Companies, LLC. The Initial Amended Complaint states that “[a]ll of the membership
interests are wholly owned by JP Morgan Chase.” (Id., ¶ 4.) This is insufficient.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title

Date

SACV 12-311 JVS (RNBx)

March 15, 2012

Spizzirri v. JP Morgan Chase Bank
The Court repeats its earlier request:
Spizzirri is ordered to file an amended initial pleading within 15 days
identifying each member of each alleged LLC and the member’s
citizenship and principal place of business as the date of the filing of the
initial pleading. If any member is itself an LLC, the same information
shall be provided for each subtier member, and if need be, for each
successive subtier.

(Docket No. 4, p. 2; emphasis supplied.) This renewed request includes The Bear
Stearns Companies, LLC.
A failure to respond will result in dismissal of the action for lack of
jurisdiction.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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