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)
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
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Page 2 of 2
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