China Shenyang Hongqiao Oil Production Co., Ltd., et al v. Atlantic Ventures LLC, et al

Filing 9

MINUTES (IN CHAMBERS) Order To Show Cause re Lack of Jurisdiction by Judge James V. Selna. China Shenyang 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. (see document for details). (dro)

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

November 17, 2017

Case No.

SACV 17-01675 JVS (JDEx)

Title

China Shenyang Hongqiao Oil Production Co., Ltd. v. Atlantic Ventures 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 September 26, 2017
Notice of Removal (“Notice”) filed
by China Shenyang Hongqiao Oil Production Co., Ltd. et al. (“China Shenyang”).
The initial pleading invokes jurisdiction Court on the basis of diversity of
citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 18.) Jurisdiction on this basis requires
complete diversity.
The following parties to the action are alleged to be a limited liability
companies (“LLCs”):
Atlantic Ventures LLC
D2Healthcoach, LLC
CTCI, 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
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

November 17, 2017

Case No.

SACV 17-01675 JVS (JDEx)

Title

China Shenyang Hongqiao Oil Production Co., Ltd. v. Atlantic Ventures LLC

a member is an LLC, the citizenship of its members. Presently, the Court cannot tell if
jurisdiction has been properly invoked.
China Shenyang 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 dismissal of the case for lack of
jurisdiction.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

00

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