Singh v. Progressive West Insurance Company et al

Filing 21

ORDER TO SHOW CAUSE re Removal; Defendants to show cause in writing within ten days; response within 10 days thereafter; Signed by Judge Marilyn Hall Patel on 2/19/2009. (awb, COURT-STAFF) (Filed on 2/20/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants removed this action to this court based upon diversity jurisdiction alleging that two of them are "Ohio corporations with their principal place of business in Ohio" and that the third, VFS US LLC, is a Delaware limited liability company with its principal place of business in North Carolina. It is axiomatic that all defendants must be diverse from plaintiff, who in this case is alleged to be a citizen of California. However, defendant VFS US LLC is not a corporation for the purpose of diversity jurisdiction (and for many other purposes); it is a limited liability company. The law in this and other circuits is clear: citizenship for limited liability corporations is determined by the citizenship of its members. See, e.g., Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The notice of removal is deficient in that it fails to identify the members of VFS US LLC and fails to allege the citizenship of its members. MANJEET SINGH, Plaintiff(s), vs. PROGRESSIVE WEST INSURANCE COMPANY, UNITED FINANCIAL CASUALTY COMPANY, VFS US LLC, et al., Defendant(s). / UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C-08-5100 MHP ORDER TO SHOW CAUSE RE REMOVAL 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Therefore, defendants are ordered to show cause in writing within ten (10) days of the filing of this order why this action should not be remanded to the Superior Court for the County of Contra Costa, from which it was removed, for failure to properly allege diversity jurisdiction. If plaintiffs wish to file a response, they shall file same within twenty (20) days of this order. IT IS SO ORDERED. Date: February 19, 2008 MARILYN HALL PATEL United States District Court Northern District of California 2

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