Rubin Wines, LLC v. Pflug Packaging & Fulfillment, Inc. et al

Filing 18

ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION. Show Cause Response due by 11/21/2017. Signed by Magistrate Judge Jacqueline Scott Corley on 11/14/2017. (ahm, COURT STAFF) (Filed on 11/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBIN WINES, LLC,
Plaintiff,

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ORDER TO SHOW CAUSE RE:
SUBJECT MATTER JURISDICTION

v.
PFLUG PACKAGING & FULFILLMENT,
INC., et al.,

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United States District Court
Northern District of California

Case No.17-cv-04815-JSC

Defendants.

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Plaintiff removed this action to federal court upon the parties’ stipulation. (Dkt. No. 1.)

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Plaintiff subsequently filed an amended complaint which alleges diversity jurisdiction. (Dkt. No.

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17 ¶ 2.) The original complaint and first amended complaint, however, each allege that Plaintiff

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Rubin Wines is a “California limited liability company” and that defendant Pflug is a California

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corporation. (Dkt. Nos. 1-1 ¶¶ 1, 2; 17 ¶¶ 6, 7.) It thus appears that there is not complete

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diversity and thus no federal jurisdiction. See 28 U.S.C. § 1332(a); see also Caterpillar Inc. v.

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Lewis, 519 U.S. 61, 68 (1996) (“28 U.S.C. § 1332(a) ... applies only to cases in which the

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citizenship of each plaintiff is diverse from the citizenship of each defendant.”).

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The parties are therefore ordered to show cause why this action should not be remanded to

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state court. In particular, each party shall file a written response to this show cause order on or

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before November 21, 2017. The parties shall bear in mind that for a limited liability company

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such as Plaintiff Rubin Wines, the company is considered a citizen of each state where each of its

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members is a citizen. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th

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Cir. 2006).

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The case management conference scheduled for November 16, 2017 is continued to
December 7, 2017, assuming the Court has subject matter jurisdiction.

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IT IS SO ORDERED.
Dated: November 14, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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