Huttner v. Mattio Communications, LLC

Filing 19

ORDER TO REMAND. The Minute Order (ECF No. 15 ) discharging the Order to Show Cause is VACATED; the Order to Show Cause, as supplemented, (ECF Nos. #11 and 17 ) is MADE ABSOLUTE; and that, pursuant to 28 U.S.C. 1447(c), due to this Court's lack of subject matter jurisdiction, this case is REMANDED to the District Court, Denver County, State of Colorado, where it was originally filed as Case number 2021CV31051. By Judge Raymond P. Moore on April 28, 2021. (rvill, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 21-cv-00959-RM-STV
MICHAEL HUTTNER, an individual,
Plaintiff,
v.
MATTIO COMMUNICATIONS, LLC,
a Delaware limited liability company
Defendant.
______________________________________________________________________________
ORDER TO REMAND
______________________________________________________________________________
This matter is before the Court after reviewing this matter and finding Defendant failed to
supplement its response to the Order to Show Cause to show that subject matter jurisdiction
based on diversity of citizenship exists. (See ECF Nos. 11, 14, 17.) Specifically, the Magistrate
Judge issued an Order to Show Cause as to why this removed action should not be remanded due
to this Court’s lack of subject matter jurisdiction. Defendant responded to the Order to Show
Cause and the Magistrate Judge found the response sufficient. The Court, however, found the
response was insufficient to show complete diversity exists because Defendant failed to show the
citizenships of the limited partners of Gould Investors LP, a master limited partnership. See
Carden v. Arkoma Assocs., 494 U.S. 185, 192-196 (1990) (discussing citizenship of limited
partnerships); Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 903 (10th Cir.
2015) (discussing citizenship of master limited partnership). The Court allowed Defendant to
supplement its response but it failed to do so. Accordingly, diversity jurisdiction has not been
shown. It is therefore ORDERED

(1) That the Minute Order (ECF No. 15) discharging the Order to Show Cause is
VACATED;
(2) That the Order to Show Cause, as supplemented, (ECF Nos. 11 and 17) is MADE
ABSOLUTE; and
(3) That, pursuant to 28 U.S.C. § 1447(c), due to this Court’s lack of subject matter
jurisdiction, this case is REMANDED to the District Court, Denver County, State of
Colorado, where it was originally filed as Case number 2021CV31051.
DATED this 28th day of April, 2021.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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