Rodney v. Allegiant Air, LLC et al

Filing 17

MEMORANDUM AND ORDER, The Court ORDERS the defendants to file an amended notice of removal by May 22, 2018 that addresses this issue and whether diversity jurisdiction is still proper in this case. Signed by Judge J. Phil Gilbert on 5/8/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOAN RODNEY,
Plaintiff,
v.

Case No. 3:18-cv-01049-JPG-DGW

ALLEGIANT AIR, LLC and AIRPORT
TERMINAL SERVICES, INC.,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
Defendants Allegiant Air, LLC (“Allegiant”) and Airport Terminal Services, Inc. have
removed this personal injury case from state court to this Court on a theory of diversity
jurisdiction. (Doc. 1.) Allegiant states that it is a citizen of Nevada for diversity purposes because
it is registered and has its principal place of business in Nevada, but Allegiant misstates the test
for limited liability companies: The citizenship of an LLC for diversity purposes is the
citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir.
2007). Accordingly, the Court ORDERS the defendants to file an amended notice of removal by
May 22, 2018 that addresses this issue and whether diversity jurisdiction is still proper in this
case.
IT IS SO ORDERED.
DATED: MAY 8, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE