Westroc Trucking, Inc. et al v. Frontier Drilling, LLC

Filing 24

ORDER discharging 18 Order to Show Cause, by Judge Raymond P. Moore on 4/20/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 15-cv-00245-RM-MJW
WESTROC TRUCKING, INC., and
WESTROC OILFIELD SERVICES, INC.,
Plaintiffs,
v.
FRONTIER DRILLING, LLC,
Defendant
and
FRONTIER DRILLING, LLC,
Counterclaim Plaintiff,
v.
WESTROC TRUCKING, INC.,
Counterclaim Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
THIS MATTER is before the Court on the Order to Show Cause (ECF No. 18) and
“Plaintiffs’ and Counterclaim Defendant’s Response to April 3, 2015 Order to Show Cause”
(ECF No. 22, the “Response”). Plaintiffs’ Amended Complaint (ECF No. 4, the “Complaint”)
alleges this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) (diversity). (Id.
at ¶5.) However, the sole allegation in the Complaint regarding Defendant Frontier Drilling,

LLC’s citizenship is the assertion that it is a Colorado limited liability company with its principal
place of business in Oklahoma City, Oklahoma. (Id. at ¶3.) Because a limited liability
company’s citizenship is identified by reference to the citizenship of each of its members, Siloam
Springs Hotel, L.L.C. v. Century Sur. Co., No. 14-6119, ___F.3d___, 2015 WL 1430335, at *1
(10th Cir. Mar. 31, 2015), and because Plaintiffs did not make any allegations regarding the
citizenship of Frontier Drilling’s individual members, the Order to Show Cause requested
Plaintiffs to show why this case should not be dismissed due to this Court’s lack of subject
matter jurisdiction. (ECF No. 18 at 3.)
The Response asserts that “Frontier is a single member limited liability company, and
that member is a citizen and domiciliary of Wyoming” and attaches an email from Frontier
Drilling’s counsel affirming the same. (ECF Nos. 22 at 2; 22-1 at 2.) Based on the evidence
offered in the Response, the Court finds that diversity exists among the parties and will exercise
diversity jurisdiction pursuant to 28 U.S.C. §1332(a).
It is therefore ORDERED that the Order to Show Cause (ECF No. 18) is DISCHARGED.
DATED this 20th day of April, 2015.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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