Brian Cox v. PCO Innovation Corp et al

Filing 6

(In Chambers)ORDER TO SHOW CAUSE by Judge James V. Selna, re Jurisdiction: Cox is ordered to file an amended initial pleading within 15 days identifying each member of each alleged LLC and the members citizenship and principal place of business as th e 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. A failure to respond may result in remand of the case to the Superior Court of the State of California for lack of jurisdiction. (rla)

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

Date

SACV 12-525 JVS (JPRx)

April 20, 2012

Cox v. PCO Innovation Corp.

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 Jurisdiction

The Court has made a preliminary review of the jurisdictional allegations
in the:
Complaint, filed
X Notice of Removal (“Notice”) filed April 6, 2012
by Brian Cox (“Cox”).
The initial pleading invokes jurisdiction in this Court on the basis of
diversity of citizenship, 28 U.S.C. § 1332. (Notice, ¶ 9.) Jurisdiction on this basis
requires complete diversity.
The following parties to the action are alleged to be a limited liability
companies (“LLCs”):
PCO Innovation Corp.
For purposes of diversity jurisdiction, an LLC takes on the citizenship of
each of its members. Johnson v. Columbia Properties Anchorage , LP, 437 F.3d 894,
899 (9th Cir. 2006); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998); Keith v.
Black Diamond Advisors, Inc., 48 F. Supp. 2d 326, 329-30 (S.D. N.Y. 1999). In order
to determine diversity, the Court must consider the citizenship of each LLC member,
and if a member is an LLC, the citizenship of its members. Presently, the Court cannot
tell if jurisdiction has been properly invoked.
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 12-525 JVS (JPRx)

April 20, 2012

Cox v. PCO Innovation Corp.

Cox 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.
A failure to respond may result in remand of the case to the Superior
Court of the State of California for lack of jurisdiction.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

00

kjt

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