Ellis v. H Lazy P Cattle Company, LLC

Filing 7

SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 10/8/2019. ORDERED that, on or before Monday, October 21, 2019, plaintiff shall show cause why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (sphil, ) Modified on 10/8/2019 to edit text. (sphil, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Civil Action No. 19-cv-02664-PAB
DAVID S. ELLIS,
Plaintiff,
v.
H LAZY P CATTLE COMPANY, LLC,
Defendant.

SECOND ORDER TO SHOW CAUSE

This matter is before the Court on Plaintiff’s Response to the Court’s September
20, 2019 Order to Show Cause [Docket No. 4]. Plaintiff states that the Court has
subject matter jurisdiction over this lawsuit pursuant to 28 U.S.C. § 1332. Docket No. 5.
Plaintiff filed this lawsuit on September 18, 2019. Docket No. 1. On September
20, 2019, the Court ordered plaintiff to show cause why the case should not be
dismissed due to the Court’s lack of subject matter jurisdiction. Docket No. 4. The
Court observed that plaintiff’s allegations were insufficient to establish diversity
jurisdiction for two reasons. First, plaintiff failed to allege his citizenship. Second,
plaintiff did not identify the citizenship of the members of defendant limited liability
company (“LLC”).
Plaintiff filed his response to the Court’s show cause order on September 27,
2019. Docket No. 5. In that response, plaintif f alleges that he is a citizen of Texas and
that defendant is a Colorado company that was “formed by a sole individual” who is a

“resident of Colorado.” Docket No. 5. Additionally, the plaintiff filed an amended
complaint that alleges that the sole individual who formed defendant is a citizen of
Colorado. Docket No. 6 at 1.
Although plaintiff has adequately pled that he is a citizen of Texas, his
allegations as to defendant are still insufficient. Citizenship of an LLC is determined by
the citizenship of all its members. See Siloam Springs Hotel, LLC v. Century Sur. Co.,
781 F.3d 1233, 1237-38 (10th Cir. 2015) (“[I]n determ ining the citizenship of an
unincorporated association for purposes of diversity, federal courts must include all the
entities’ members.”). Plaintiff has not identified any of the members of defendant. The
fact that someone forms an LLC does not make that person a member of the LLC.
Plaintiff’s allegations are presently insufficient to allow the Court to determine the
defendant’s citizenship or whether the Court has subject matter jurisdiction. See United
States ex rel. General Rock & Sand Corp. v. Chuska Dev. Corp. , 55 F.3d 1491, 1495
(10th Cir. 1995) (“The party seeking the exercise of jurisdiction in his favor must allege
in his pleading the facts essential to show jurisdiction.” (internal quotation marks
omitted)). Plaintiff will be given one more opportunity to identify subject matter
jurisdiction. It is
ORDERED that, on or before Monday, October 21, 2019, plaintiff shall show
cause why this case should not be dismissed due to the Court’s lack of subject matter
jurisdiction.

2

DATED October 8, 2019.
BY THE COURT:

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

3