Hartford Fire Insurance Company v. Tempur-Sealy International, Inc. et al

Filing 41

ORDER RE CITIZENSHIP OF PARTIES. Signed by Judge Haywood S. Gilliam, Jr. on 3/10/2015. (ndr, COURT STAFF) (Filed on 3/10/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HARTFORD FIRE INSURANCE COMPANY, Plaintiff, 8 9 10 11 v. Case No. 14-cv-01661-HSG ORDER RE CITIZENSHIP OF PARTIES TEMPUR-SEALY INTERNATIONAL, INC., et al., United States District Court Northern District of California Defendants. 12 13 Plaintiff Hartford Fire Insurance Co. alleges that this Court has diversity jurisdiction over 14 this action pursuant to 28 U.S.C. § 1332. In support of diversity jurisdiction, Hartford alleges that 15 it “is a Connecticut corporation with its principal place of business in Connecticut,” and that 16 Defendant Tempur-Pedic North America, LLC “is a Delaware corporation with its principal place 17 of business in Kentucky.” Complaint at 3. 18 “[A]n LLC is a citizen of every state of which its owners/members are citizens.” Johnson 19 v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Because Hartford does not 20 allege any facts regarding the citizenship of Tempur-Pedic’s members, the Court cannot determine 21 whether diversity jurisdiction is proper. To that end, the parties are directed to file, within seven 22 days of the date of this Order, a joint statement identifying the citizenship of each member of 23 Tempur-Pedic. 24 25 26 27 28 IT IS SO ORDERED. Dated: March 10, 2015 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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