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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SENECA INSURANCE COMPANY, INC.,
PLAINTIFF,

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United States District Court
Northern District of California

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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.

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28) filed by defendants Cybernet Entertainment, LLC, Kink Studios, LLC, Armory Studios, LLC,

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and Peter Acworth. Based upon the representations therein, and the allegations of the complaint,

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plaintiff appears to have established federal diversity jurisdiction. See Johnson v. Columbia

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Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“LLC is a citizen of every state of

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which its owners/members are citizens”); Siloam Springs Hotel, LLC v. Century Surety Co., 781

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F.3d 1233, 1237-38 (10th Cir. 2015) (rejecting determination of LLC’s citizenship by “reference

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to its state of organization… and, instead, join[ing] all other circuits that have considered the

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matter in concluding [LLC] takes the citizenship of all its members”)

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IT IS SO ORDERED.
Dated: March 3, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE