Fastcase, Inc. v. Lawriter LLC

Filing 26

ORDER DIRECTING Lawriter to file, by 12/1/16, a declaration of one of its members that identifies the state(s) of citizenship of each of Lawriter's members. Once that jurisdictional declaration is filed, the Court will take the 17 MOTION for Summary Judgment filed by Fastcase, Inc., under advisement. Signed by Judge Timothy C. Batten, Sr on 11/17/16. (jlm)

Case 1:16-cv-00327-TCB Document 26 Filed 11/17/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FASTCASE, INC.,
Plaintiff,

CIVIL ACTION FILE

v.
LAWRITER, LLC, doing business
as Casemaker,

NUMBER 1:16-cv-327-TCB

Defendant.
ORDER
Plaintiff Fastcase, Inc. filed this lawsuit seeking declaratory and
injunctive relief against Defendant Lawriter, LLC, which raised as a
defense lack of subject-matter jurisdiction. In briefing relating to
Fastcase’s motion for summary judgment [17], the parties dispute
whether subject-matter jurisdiction exists: Fastcase contends that both
diversity and federal-question jurisdiction exist, while Lawriter
contends that neither basis of jurisdiction exists.
Without expressing any opinion as to the merits of any
argument(s) raised by the parties, the Court has determined that it
lacks the information necessary to determine whether diversity

Case 1:16-cv-00327-TCB Document 26 Filed 11/17/16 Page 2 of 3

jurisdiction exists. Although Fastcase alleges (and Lawriter admits)
that “[o]n information and belief, [Lawriter] is a citizen of Virginia for
purposes of assessing diversity jurisdiction,” [4] at ¶ 8, the citizenship of
a party is a legal conclusion, and the record in this case contains neither
evidence nor specific factual averments regarding the identity or
state(s) of citizenship of any of the members of Lawriter, LLC. See
generally Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C.,
374 F.3d 1020, 1021 (11th Cir. 2004) (holding that a limited liability
company is deemed to be a citizen of any state in which any member is
a citizen and that such citizenship must be specifically alleged by the
party invoking federal jurisdiction); Travaglio v. Am. Express Co., 735
F.3d 1266, 1269 (11th Cir. 2013) (“[I]f a complaint’s factual allegations
do not assure the court it has subject matter jurisdiction, then the court
is without power to do anything in the case.”) (emphasis added).
Accordingly, the Court directs Lawriter to file, by December 1,
2016, a declaration of one of its members that identifies the state(s) of
citizenship of each of Lawriter’s members. Once that jurisdictional

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Case 1:16-cv-00327-TCB Document 26 Filed 11/17/16 Page 3 of 3

declaration is filed, the Court will take the motion for summary
judgment under advisement.
IT IS SO ORDERED this 17th day of November, 2016.

____________________________________
Timothy C. Batten, Sr.
United States District Judge

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