McKay et al v. Hageseth et al
Filing
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ORDER dismissing action without prejudice for failure to adequately allege subject matter jurisdiction. Plaintiffs may either (1) file an amended complaint, no later than March 17, 2006, addressing the deficiencies noted, or (2) refile the action in state court. Signed by Judge Maxine M. Chesney on 3/1/2006. (mmclc2, COURT STAFF) (Filed on 3/1/2006)
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McKay et al v. Hageseth et al
Doc. 3
Case 3:06-cv-01377-MMC
Document 3
Filed 03/01/2006
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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
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For the Northern District of California
DAVID McKAY et al., Plaintiffs, v. CHRISTIAN HAGESETH et al., Defendants. /
No. C-06-1377 MMC ORDER DISMISSING ACTION FOR FAILURE TO ADEQUATELY ALLEGE SUBJECT MATTER JURISDICTION
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The instant action was filed February 24, 2006 on the basis of diversity jurisdiction. (See Compl. ¶ 1.) Plaintiffs fail, however, to allege the citizenship, as opposed to the residence, of any of the defendants. See Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (noting diversity jurisdiction statute "speaks of citizenship, not residency"). Additionally, although one of the defendants, JRB Health Solutions, LLC, appears to be a limited liability company, plaintiffs fail to allege the citizenship of that entity in accordance with the Ninth Circuit's recent holding that a limited liability company is "a citizen of every state of which its owners/members are citizens." See Johnson v. Columbia Properties Anchorage L.P., 2006 WL 306765 (9th Cir. Feb. 10, 2006). "Absent unusual circumstances, a party seeking to invoke diversity jurisdiction should be able to allege affirmatively the actual citizenship of the relevant parties." See Kanter, 265 F.3d at 857.
Dockets.Justia.com
Case 3:06-cv-01377-MMC
Document 3
Filed 03/01/2006
Page 2 of 2
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Accordingly, the instant action is hereby DISMISSED without prejudice. Plaintiffs may either (1) file an amended complaint, no later than March 17, 2006, addressing the deficiencies noted, or (2) refile the action in state court. IT IS SO ORDERED. Dated: March 1, 2006 MAXINE M. CHESNEY United States District Judge
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