Grapov v. Jeunesse Global Holdings, LLC

Filing 9

ORDER Discharging Order to Show Cause. Signed by Judge Cathy Ann Bencivengo on 12/1/2017.(mxn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
ALEKSEY GRAPOV,

Case No.: 3:17-CV-2288-CAB-AGS
Plaintiff,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
JEUNESSE GLOBAL HOLDINGS LLC,

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Defendant.

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On November 13, 2017, this Court ordered Defendant Jeunesse Global Holdings

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LLC (“Jeunesse”) to show cause on or before November 22, 2017, why this matter should

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not be remanded for lack of subject matter jurisdiction. [Doc. No. 4.] Specifically, the

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Court was concerned whether there is complete diversity among the parties. On November

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22, 2017, Defendant Jeunesse filed its response to the order to show cause. [Doc. No. 6.]

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Plaintiff was given until November 29, 2017, to also file a response, but as of the date of

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this Order, has not submitted any authority or evidence to assist the Court in determining

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whether subject matter jurisdiction exists.

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Upon consideration of Defendant’s response, the Court is satisfied that it has

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jurisdiction over this dispute. In its response, Defendant Jeunesse provided a declaration

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attesting that: (1) it is wholly-owned by a single member, Jeunesse, LLC, which is a Florida

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LLC with its principal place of business in Florida; (2) Jeunesse LLC has two members
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CASE NO. 17CV1468 CAB AGS

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Market Q, Inc., and LOKS, LLC. Market Q, Inc., is a corporation incorporated in Florida

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with its principal place of business in Seminole County, Florida. LOKS, LLC is a Florida

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limited liability company with its principal place of business in Seminole County, Florida;

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(3) LOKS, LLC is owned by two members, the Robert D. Dawson Irrevocable Dynasty

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Trust and Robert D. Dawson. Mr. Dawson, who is also the trustee of the trust, is domiciled

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in Florida and the minor beneficiaries of the trust are domiciled in Florida. [Doc. No. 7-1,

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at ¶¶ 3-4.] Plaintiff is a citizen of the state of California. [Doc. No. 1-2 at ¶ 2.]

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Accordingly, the Court finds that complete diversity of citizenship exists between the

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parties. See Johnson v. Columbia Preps. Anchorage, LP¸ 437 F.3d 894, 899 (9th Cir. 2006)

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(“for diversity purposes a limited liability company is “a citizen of every state of which its

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owners/members are citizens.”); see also Americold Realty Trust v. Conagra Foods, Inc.,

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136 S. Ct. 1012, 1016 (2016) (trusts are not corporations, therefore “when an artificial

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entity is sued in its name, it takes the citizenship of each of its members.”). Consequently,

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the Court ORDERS that the Order to Show Cause issued on November 13, 2017, is hereby

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DISCHARGED.

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It is SO ORDERED.
Dated: December 1, 2017

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CASE NO. 17CV1468 CAB AGS