Azssyr, LLC v. USA

Filing 6

MEMORANDUM AND ORDER, re: jurisdictional defect. The Court hereby ORDERS plaintiff AZSSYR, LLC to SHOW CAUSE on or before October 17, 2016 why this case should not be dismissed for lack of jurisdiction. Signed by Judge J. Phil Gilbert on 9/28/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AZSSYR, LLC,
Plaintiff,
v.

Case No. 16-cv-01077-JPG-DGW

UNITED STATES OF AMERICA,
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 defects in the

jurisdictional allegations of the Complaint (Doc. 1):
1. 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 Carden v. Arkoma Assocs., 494 U.S. 185,
195-96 (1990); Belleville Catering Co. v. Champaign Market Place, LLC, 350 F.3d 691,
692 (7th Cir. 2003) (partnerships and limited liability companies are citizens of every state
of which any member is a citizen); Indiana Gas Co. v. Home Ins. Co., 141 F.3d 314, 316
(7th Cir. 1998). The relevant pleading must affirmatively allege the specific states of
citizenship of each member of AZSSYR, LLC.
The Court hereby ORDERS plaintiff AZSSYR, LLC to SHOW CAUSE on or before
October 17, 2016 why this case should not be dismissed for lack of jurisdiction. The Court
WARNS that failure to respond to this order may result in the dismissal of this case for lack of

jurisdiction.

Amendment of the faulty pleading to reflect the correct status of Azssyr, LLC and

its members will satisfy this order. Plaintiff Azssyr, 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: 9/28/2016
S/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE