Alliance Construction Solutions of Wyoming, LLC v. International Fidelity Insurance Company

Filing 14

ORDER. This case shall be remanded to the District Court for the City and County of Denver, Colorado, where it was filed as Case No. 2013cv31189. By Judge Philip A. Brimmer on 4/26/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-00940-PAB-KLM
ALLIANCE CONSTRUCTION SOLUTIONS OF WYOMING, LLC, a Wyoming limited
liability company,
Plaintiff,
v.
INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey corporation,
Defendant.

ORDER

This matter is before the Court on Defendant’s Response to Order to Show
Cause [Docket No. 13] filed by defendant International Fidelity Insurance Company
(“IFIC”). IFIC removed this action for breach of contract on April 11, 2013, alleging that
the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(1). Docket
No. 1 at 2, ¶ 3. On April 24, 2013, the Court issued an Order to Show Cause [Docket
No. 12] why this case should not be dismissed for lack of subject matter jurisdiction.
The order was based on IFIC’s failure to sufficiently plead the citizenship of plaintiff
Alliance Construction Solutions of Wyoming, LLC (“Alliance”). The Court explained that
an LLC, much like a partnership, is deemed to be a citizen of all of the states of which
its members are citizens. See U.S. Advisor, LLC v. Berkshire Prop. Advisors, LLC, No.
09-cv-00697-PAB-CBS, 2009 WL 2055206, at *2 (D. Colo. July 10, 2009) (listing
cases).
IFIC responds to the Order to Show Cause by stating that Alliance has three
members: Bill Joyner, a resident of Colorado; Brian Weinmaster, a resident of

Wyoming; and ACS, LLC, a Colorado LLC with its principal place of business in
Colorado. Docket No. 13 at 2, ¶ 2. IFIC does not, however, state the persons or
entities that make up ACS, LLC’s membership. As stated in the Court’s Order to Show
Cause, “when an entity is composed of multiple layers of constituent entities, the
citizenship determination requires an exploration of the citizenship of the constituent
entities as far down as necessary to unravel fully the citizenship of the entity before the
court.” Docket No. 12 at 3. IFIC has not met its burden, as the party invoking federal
jurisdiction, of establishing such jurisdiction “as a threshold matter.” See Radil v.
Sanborn W. Camps, Inc., 384 F.3d 1220, 1224 (10th Cir. 2004). Accordingly, it is
ORDERED that this case shall be remanded to the District Court for the City and
County of Denver, Colorado, where it was filed as Case No. 2013cv31189.

DATED April 26, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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