Seneca Insurance Company, Inc. v. Cybernet Entertainment, LLC et al

Filing 29

ORDER re 28 Notice of Pendency of Other Action filed by Peter Acworth, Armory Studios, LLC, Cybernet Entertainment, LLC, Kink Studios, LLC. Signed by Judge Yvonne Gonzalez Rogers on 3/3/17. (fs, COURT STAFF) (Filed on 3/3/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 SENECA INSURANCE COMPANY, INC., PLAINTIFF, 7 8 9 10 United States District Court Northern District of California 11 V. CASE NO. 16-cv-06554-YGR ORDER RE: NOTICE OF PENDENCY OF OTHER ACTION DKT. NO. 28 CYBERNET ENTERTAINMENT, LLC, ET AL., DEFENDANTS. The Court has reviewed the Notice of Pendency of Other Action or Proceeding (Dkt. No. 12 28) filed by defendants Cybernet Entertainment, LLC, Kink Studios, LLC, Armory Studios, LLC, 13 and Peter Acworth. Based upon the representations therein, and the allegations of the complaint, 14 plaintiff appears to have established federal diversity jurisdiction. See Johnson v. Columbia 15 Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“LLC is a citizen of every state of 16 which its owners/members are citizens”); Siloam Springs Hotel, LLC v. Century Surety Co., 781 17 F.3d 1233, 1237-38 (10th Cir. 2015) (rejecting determination of LLC’s citizenship by “reference 18 to its state of organization… and, instead, join[ing] all other circuits that have considered the 19 matter in concluding [LLC] takes the citizenship of all its members”) 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 3, 2017 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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