Echols v. Charter Communications LLC

Filing 10

MEMORANDUM AND ORDER, re: jurisdictional defect. Amended complaint due by 6/25/2014. Signed by Judge J. Phil Gilbert on 6/12/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROMIE ECHOLS,
Plaintiff,
v.

Case No. 14-cv-654 JPG/SCW

CHARTER COMMUNICATIONS LLC,
Defendant.
MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d 695,
696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to ensure
that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010)
(noting courts’ “independent obligation to determine whether subject-matter jurisdiction exists,
even when no party challenges it”). The Court has noted the following defect in the jurisdictional
allegations of the Notice of Removal (Doc.2) filed by defendant Charter Communications LLC:
Failure to allege the citizenship of each member of an unincorporated association.
To determine if complete diversity exists, the Court must examine the citizenship of each
member of a limited liability company. See White Pearl Inversiones S.A. (Uruguay) v.
Cemusa, Inc., 647 F.3d 684, 686 (7th Cir. 2011); Belleville Catering Co. v. Champaign
Market Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003). The relevant pleading must
affirmatively allege the specific states of citizenship of each member of the limited liability
company, and “the citizenship of unincorporated associations must be traced through
however many layers of partners or members there may be.” Meyerson v. Harrah’s E.
Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). The Notice of Removal fails to state the
citizenship of all the members of Charter Communications LLC.
The Court hereby ORDERS that Charter Communications LLC shall have up to and
including June 25, 2014 to amend the faulty pleading to correct the jurisdictional defect. See 28
U.S.C. § 1653. Failure to amend the faulty pleading may result in remand of this case for lack of
subject matter jurisdiction or for failure to prosecute pursuant to Federal Rule of Civil Procedure

41(b). Amendment of the faulty pleading to reflect an adequate basis for subject matter
jurisdiction will satisfy this order. Charter Communications LLC is directed to consult Local
Rule 15.1 regarding amended pleadings and need not seek leave of Court to file such amended
pleading.
IT IS SO ORDERED.
DATED: June 12, 2014
s/J. Phil Gilbert
U.S. DISTRICT JUDGE