Security National Insurance Company v. M and E.S. Construction Engineering, Inc. et al

Filing 17

MINUTES (IN CHAMBERS) Order to Show Cause re Jurisdiction by Judge James V. Selna. Security National is ordered to file an amended initial pleading within 15 days curing these jurisdictional defects. A failure to respond may result in dismissal for lack of jurisdiction. (see document for details). (dro)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. SACV 18-639 JVS (JDEx) Title Security National Insurance Company v. M E.S. Construction Engineering, Inc. Present: The Honorable Date June 7, 2018 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: X Complaint, filed April 18, 2018 Notice of Removal (“Notice”) filed by Security National Insurance Company (“Security National”). The initial pleading invoked jurisdiction Court on the basis of diversity of citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 1 .) Jurisdiction on this basis requires complete diversity. The Court is unable to determine jurisdiction for the following reasons. 1. For diversity purposes, a corporation is a citizen of both its place of incorporation and its principal place of business. 28 U.S.C. § 1332(c). The Complaint fails to allege the principal place of business for: Security National M E.S. Construction Engineering, Inc. 2. A limited partnership takes on the citizenship of all of its members. Carden v. Arkoma Associates, 494 U.S. 185, 195-97 (1990). The limited partners in Casa Apartments LP are not identified nor is their citizenship. 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 18-639 JVS (JDEx) Title Security National Insurance Company v. M E.S. Construction Engineering, Inc. Date June 7, 2018 Security National is ordered to file an amended initial pleading within 15 days curing these jurisdictional defects. A failure to respond may result in dismissal for lack of jurisdiction. : Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL 00 kjt Page 2 of 2

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