LocusPoint Networks, LLC v. D.T.V. LLC

Filing 22

ORDER RE: JUNE 19, 2014 HEARING AND JURISDICTION. Signed by Judge Jacqueline Scott Corley on 6/17/2014. (tlS, COURT STAFF) (Filed on 6/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOCUSPOINT NETWORKS, LLC,

Case No. 14-cv-01278-JSC

Plaintiff,
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v.

ORDER RE: JUNE 19 HEARING AND
JURISDICTION

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D.T.V. LLC,
Defendant.

United States District Court
Northern District of California

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Plaintiff LocusPoint Networks, LLC (“LPN”) filed this breach of contract action against

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Defendant D.T.V. LLC (“DTV”) in federal court on the basis of diversity jurisdiction. The Court

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has an independent obligation to satisfy itself that it has federal subject matter jurisdiction.

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Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1116 (9th Cir. 2004). Jurisdiction founded on diversity

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“requires that the parties be in complete diversity and the amount in controversy exceed $75,000.”

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Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). Complete

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diversity means that “each of the plaintiffs must be a citizen of a different state than each of the

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defendants.” Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1095 (9th Cir. 2004). Further, the party

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asserting diversity jurisdiction bears the burden of proof. Resnik v. La Paz Guest Ranch, 289 F.2d

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814, 819 (9th Cir. 1961). Generally, LLCs are “citizen[s] of every state in which [their]

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owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899

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(9th Cir. 2006). Thus, citizenship here is dependent on the citizenship of the parties’

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owners/members. Although the Complaint alleges that DTV’s sole member is a citizen of South

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Carolina, the Complaint does not reveal the citizenship of LPN’s members. At the hearing on

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June 19, 2014, LPN shall be prepared to inform the Court of the citizenship of its members.

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IT IS SO ORDERED.
Dated: June 17, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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