Peregrine Falcon LLC et al v. Eaton Aerospace LLC et al

Filing 14

MINUTES (IN CHAMBERS) Order To Show Cause re Lack of Jurisdiction by Judge James V. Selna. Eaton is ordered to file an amended Notice within 15 days identifying each member of Peregrine and the member's citizenship and principal place of business as of April 19, 2017. 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

June 6, 2017

Case No.

SACV 17-00716 JVS (KESx)

Title

Peregrine Falcon LLC, et al. v. Eaton Aerospace, LLC, et al.

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 Notice of Removal (“Notice”) filed April 19, 2017 by Eaton Aerospace, LLC
(“Eaton”). Eaton invokes the jurisdiction of this Court on the basis of diversity of
citizenship, 28 U.S.C. § 1332. (Notice, ¶ 4.) Jurisdiction on this basis requires complete
diversity.
The Complaint and the Notice allege that Peregrine Falcon LLC (“Peregrine)
is a limited liability company. (Complaint, ¶ 1; Notice, ¶ 5(a).)
For purposes of diversity jurisdiction, a limited liability company 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.
Eaton is ordered to file an amended Notice within 15 days identifying each
member of Peregrine and the member’s citizenship and principal place of business as of
April 19, 2017. 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. .
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

00

kjt

Page 1 of 1