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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 SOUTHERN DISTRICT OF CALIFORNIA ALEKSEY GRAPOV, Case No.: 3:17-CV-2288-CAB-AGS Plaintiff, 11 12 13 ORDER DISCHARGING ORDER TO SHOW CAUSE v. JEUNESSE GLOBAL HOLDINGS LLC, 14 Defendant. 15 16 17 On November 13, 2017, this Court ordered Defendant Jeunesse Global Holdings 18 LLC (“Jeunesse”) to show cause on or before November 22, 2017, why this matter should 19 not be remanded for lack of subject matter jurisdiction. [Doc. No. 4.] Specifically, the 20 Court was concerned whether there is complete diversity among the parties. On November 21 22, 2017, Defendant Jeunesse filed its response to the order to show cause. [Doc. No. 6.] 22 Plaintiff was given until November 29, 2017, to also file a response, but as of the date of 23 this Order, has not submitted any authority or evidence to assist the Court in determining 24 whether subject matter jurisdiction exists. 25 Upon consideration of Defendant’s response, the Court is satisfied that it has 26 jurisdiction over this dispute. In its response, Defendant Jeunesse provided a declaration 27 attesting that: (1) it is wholly-owned by a single member, Jeunesse, LLC, which is a Florida 28 LLC with its principal place of business in Florida; (2) Jeunesse LLC has two members 1 CASE NO. 17CV1468 CAB AGS 1 Market Q, Inc., and LOKS, LLC. Market Q, Inc., is a corporation incorporated in Florida 2 with its principal place of business in Seminole County, Florida. LOKS, LLC is a Florida 3 limited liability company with its principal place of business in Seminole County, Florida; 4 (3) LOKS, LLC is owned by two members, the Robert D. Dawson Irrevocable Dynasty 5 Trust and Robert D. Dawson. Mr. Dawson, who is also the trustee of the trust, is domiciled 6 in Florida and the minor beneficiaries of the trust are domiciled in Florida. [Doc. No. 7-1, 7 at ¶¶ 3-4.] Plaintiff is a citizen of the state of California. [Doc. No. 1-2 at ¶ 2.] 8 Accordingly, the Court finds that complete diversity of citizenship exists between the 9 parties. See Johnson v. Columbia Preps. Anchorage, LP¸ 437 F.3d 894, 899 (9th Cir. 2006) 10 (“for diversity purposes a limited liability company is “a citizen of every state of which its 11 owners/members are citizens.”); see also Americold Realty Trust v. Conagra Foods, Inc., 12 136 S. Ct. 1012, 1016 (2016) (trusts are not corporations, therefore “when an artificial 13 entity is sued in its name, it takes the citizenship of each of its members.”). Consequently, 14 the Court ORDERS that the Order to Show Cause issued on November 13, 2017, is hereby 15 DISCHARGED. 16 17 It is SO ORDERED. Dated: December 1, 2017 18 19 20 21 22 23 24 25 26 27 28 2 CASE NO. 17CV1468 CAB AGS

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