Esther Gutierrez et al v. CarMax Auto Superstores California, LLC et al

Filing 14

MINUTES (IN CHAMBERS) Order To Show Cause re Lack of Jurisdiction by Judge James V. Selna. Plaintiffs are ordered to file an amended initial pleading within ten days identifying each member of each alleged LLC and the members citizenship and principa l 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. (see document for details). (dro)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

December 21, 2016

Case No.

SACV 16-2077 JVS (KESx)

Title

Gutierrez v. Carmax Auto Services Superstores California, LLC

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 Lack of Jurisdiction

The Court has made a preliminary review of the jurisdictional allegations
in the:
X

Complaint, filed November 18, 2016
Notice of Removal (“Notice”) filed

by Esther Gutierrez et al. (“Plaintiffs”).
The initial pleading invokes jurisdiction Court on the basis of diversity of
citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 1.) Jurisdiction on this basis requires
complete diversity.
The following party to the action is alleged to be limited liability
companies (“LLCs”):
Carmax Auto Services Superstores California, LLC
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
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

December 21, 2016

Case No.

SACV 16-2077 JVS (KESx)

Title

Gutierrez v. Carmax Auto Services Superstores California, LLC

tell if jurisdiction has been properly invoked.
Plaintiffs are ordered to file an amended initial pleading within ten 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 dismissal of the action for lack of
jurisdiction.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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