Got Gold LLC v. Temple et al

Filing 26

ORDER denying 11 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 23 Report and Recommendations. Plaintiff ordered to file an amended complaint to address deficiencies discussed in the Order within fourteen (14) days of the date of this Order. See written Order.Entered by Judge Michael P. McCuskey on 4/17/13. (TC, ilcd)

E-FILED

Wednesday, 17 April, 2013 04:27:15 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
GOT GOLD LLC
Plaintiff,
v.
SANDRA TEMPLE,
BRADLEY A. ROSE,
and
THE GOLD PEOPLE,
Defendants.

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Case No. 12-CV-2278

ORDER
On October 22, 2012, Plaintiff filed its Complaint (#1) in this court. On December 13,
2012, Defendants Sandra Temple, Bradley A. Rose, and The Gold People filed a Motion to
Dismiss (#11). On the same day, Defendants also filed an Answer (#13). On March 12, 2013,
Magistrate Judge David G. Bernthal entered a Report and Recommendation (#23) on the Motion
to Dismiss (#11). No objections to the Report and Recommendation were timely filed. See 28
U.S.C. § 636(b)(1). This court therefore accepts Judge Bernthal’s well-reasoned analysis in the
Report and Recommendation. See Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 (7th Cir.
1986).
Additionally, the Report and Recommendation notes that “several deficiencies exist in
Plaintiff’s jurisdictional allegations: Plaintiff is an LLC but does not allege citizenship of its
members, and Plaintiff alleges residency, not citizenship, of Temple and Rose.” “For diversity
jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members.”
Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). “[G]eneral and limited
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partnerships are citizens of every jurisdiction of which any partner is a citizen.” Indiana Gas
Co., Inc. v. Home Ins. Co., 141 F.3d 314, 316 (7th Cir. 1998). Plaintiff is therefore ordered to file
an amended complaint addressing the deficiencies. In the amended complaint, Plaintiff is
ordered to include a jurisdictional statement identifying the citizenship of each and every one of
its members as of the date of the amended complaint, as well as alleging the citizenship of each
of the defendants. Failure to timely comply with this order or seek an extension of time shall
result in the dismissal of the case with prejudice for lack of subject matter jurisdiction.

IT IS THEREFORE ORDERED THAT:
(1) The Report and Recommendation (#23) is accepted by this court.
(2) Defendants’ Motion to Dismiss (#11) is DENIED.
(3) Plaintiff is ordered to file an amended complaint addressing the deficiencies
discussed in this Order within 14 days.
ENTERED this 17th day of April, 2013
s/ Michael P. McCuskey
MICHAEL P. McCUSKEY
U. S. DISTRICT JUDGE

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