Vazquez-Vazquez v. Sefer et al

Filing 17

ORDER re: 1 Notice of Removal by Simsek Sefer, SEM Trucking, LLC, By Judge Raymond P. Moore on 10/30/2017. SO ORDERED that on or before Monday, November 6, 2017, Defendants shall SHOW CAUSE why this case should not be remanded from where it was removed due to this Courts lack of subject matter jurisdiction. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 17-cv-02015-RM-MJW
GERARDO VAZQUEZ-VAZQUEZ,
Plaintiff,
v.
SIMSEK SEFER, and
SEM TRUCKING, LLC,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court sua sponte upon consideration of the Notice of Removal
(ECF No. 1). See Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271, 1276 (10th Cir. 2001) (court
has independent obligation to examine its own jurisdiction). Defendants removed this action
from the District Court, Prowers County, Colorado alleging diversity jurisdiction. Diversity
jurisdiction requires that the amount in controversy exceeds $75,000.00 and diversity of
citizenship between the parties. 28 U.S.C. § 1332. Here, Defendants allege the parties are
diverse based on the following: (1) Plaintiff, an individual, resides in Kissimmee, Florida (ECF
No. 1, ¶7); (2) Defendant Simsek Sefer, an individual, is a resident of the State of New York
(ECF No. 1, ¶¶3, 7); and (3) Defendant Sem Trucking, LLC, is organized under the laws of the
State of New York and has its principal place of business there (ECF No. 1, ¶¶6, 7.) Such
allegations, however, are insufficient. Specifically, Defendant Sem Trucking, LLC is not a
corporation. Instead, Defendant Sem Trucking, LLC, is a limited liability company, and “an
LLC, as an unincorporated association, takes the citizenship of all its members.” Siloam Springs

Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) (citations omitted). But,
Defendants fail to allege the identity or citizenship of any of Defendant Sem Trucking, LLC’s
members. Accordingly, the Court is unable to determine the citizenship of the LLC and that
complete diversity of citizenship exists.
It is therefore ORDERED that on or before Monday, November 6, 2017, Defendants
shall SHOW CAUSE why this case should not be remanded from where it was removed due to
this Court’s lack of subject matter jurisdiction.
DATED this 30th day of October, 2017.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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