Datatel Solutions, Inc., v. Keane Telecom Consulting, LLC, et al

Filing 37

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 1/7/2014 ORDERING the plaintiff to SHOW CAUSE, in writing, by 1/14/2014, as to the jurisdictional issues stated herein; ORDERING that any response to the plaintiff's filing be filed by 1/21/2014. (Michel, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

15
16
17

ORDER TO SHOW CAUSE RE:SUBJECT
MATTER JURISDICTION

Plaintiff,

13
14

2:12-CV-01306-GEB-EFB

DATATEL SOLUTIONS, INC., a
California corporation,

v.
KEANE TELECOM CONSULTING,
LLC, a New Jersey limited
liability company; OUTREACH
TELECOM AND ENERGY, LLC, a
New Jersey limited liability
company,

18

Defendants.

19
Since

20

citizenship

alleges

23

companies (“LLC”), this order to show cause issues and requires

24

Plaintiff to explain why this action should not be dismissed for

25

lack of subject matter jurisdiction.
Plaintiff

only

alleges

sued

in

of

two

its

subject

that

jurisdiction,

has

basis

Complaint

22

Plaintiff

the

its

diversity

and

is

in

21

26

of

Plaintiff

limited

Complaint

matter

liability

where

the

27

principal business office of each LLC is located.

28

Ninth Circuit has held that “an LLC is a citizen of every state
1

However, the

1

of which its owners/members are citizens.” Johnson v. Columbia

2

Properties

3

Therefore, each LLC’s citizenship depends on the citizenship of

4

each LLC’s “owners/members.” Id.

Anchorage,

LP,

437

F.3d

894,

899

(9th

Cir.

2006)

5

For the stated reasons, Plaintiff shall address this

6

jurisdictional issue in a filing due on or before January 14,

7

2014; any response to Plaintiff’s filing shall be filed on or

8

before January 21, 2014.

9

Dated:

January 7, 2014

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2