Lee H Durst v. First Southern Capital Development Corporation

Filing 4

MINUTE ORDER IN CHAMBERS TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Andrew J. Guilford. The Court orders Plaintiff(s) to show cause in writing within 14 days of the date of this order why this action should not be dismissed for lack of subject matter jurisdiction. Defendant(s) may submit a response in the same time period. An amended complaint correcting the deficiencies will be deemed a sufficient response to this order to show cause. (db)

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

SACV 12-1498 (AG) (ANx)

Title

DURST V. FIRST SOUTHERN CAPITAL DEVELOPMENT CORPORATION

Present: The
Honorable

September 19, 2012

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk

Not Present
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Proceedings:

Date

Tape No.

Attorneys Present for Defendants:

[IN CHAMBERS] ORDER TO SHOW CAUSE RE
DISMISSAL FOR LACK OF SUBJECT MATTER
JURISDICTION

The complaint seeks to allege diversity jurisdiction. See 28 U.S.C. § 1332. However, the
exercise of diversity jurisdiction would be improper for the reason(s) checked below:
[X]

The complaint sets forth only the residence, rather than the citizenship, of the
parties, but diversity or alienage is based upon a party’s citizenship. See 28 U.S.C.
1332(a).

[ ]

A corporation is joined as a party. The complaint fails to set forth either the
corporation’s state of incorporation or its principal place of business (both must be
set forth). See 28 U.S.C. § 1332(c).

[ ]

A partnership or unincorporated association is joined as a party. For diversity or
alienage jurisdiction to be proper, none of the partners or members, including
limited partners, can be a citizen of the same state as any opposing party. The
citizenship of all the entity’s partners must therefore be alleged. Carden v.
Arkoma Assocs., 494 U.S. 185, 192-96, 110 S. Ct. 1015, 1019-21, 108 L. Ed. 2d

CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 1 of 2

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

SACV 12-1498 (AG) (ANx)

Date

September 19, 2012

Title

DURST V. FIRST SOUTHERN CAPITAL DEVELOPMENT CORPORATION

157 (1990); Rockwell Int’l Credit Corp. v. United States Aircraft Ins. Group, 823
F.2d 302, 304 (9th Cir. 1987).
[ ]

The complaint alleges at least one of the parties is a limited liability company, but
the complaint fails to allege the citizenship of each of its members, as required in a
determination of diversity jurisdiction under section 1332(a). Johnson v.
Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (holding that
“like a partnership, an LLC is a citizen of every state of which its owners/members
are citizens.”)

[X]

All plaintiffs are not diverse from all defendants. See 28 U.S.C. § 1332; see also
Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806).

[X]

The complaint fails to allege the citizenship of one or more parties. See 28 U.S.C.
§ 1332.

[ ]

The complaint fails to allege an amount in controversy in excess of $75,000. See
28 U.S.C. § 1332.

[ ]

Defendant did not timely remove the Complaint. See 28 U.S.C. § 1446(b).

Accordingly, the Court orders Plaintiff(s) to show cause in writing within 14 days of the
date of this order why this action should not be dismissed for lack of subject matter
jurisdiction. Defendant(s) may submit a response in the same time period. An amended
complaint correcting the deficiencies will be deemed a sufficient response to this order to
show cause.

:
Initials of
Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL
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