Bissonnette v. Podlaski et al

Filing 3

OPINION AND ORDER Bissonnette is ORDERED to supplement the record by filing an amended complaint on or before November 24, 2015, that properly alleges the citizenship of Carson Boxberger, LLP, by setting forth the identity and citizenship of each of its partners, tracing through all applicable layers of ownership. Signed by Magistrate Judge Susan L Collins on 11/12/15. (kjp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
MATTHEW BISSONNETTE,
Plaintiff,
v.
KEVIN PODLASKI and
CARSON BOXBERGER, LLP,
Defendants.

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CAUSE NO. 1:15-cv-00334-RL-SLC

OPINION AND ORDER
Plaintiff Matthew Bissonnette filed a complaint against Defendants Kevin Podlaski and
Carson Boxberger, LLP, on November 9, 2015, alleging that this Court has diversity jurisdiction
pursuant to 28 U.S.C. § 1332. (DE 1). The complaint recites that Bissonnette is a citizen of
Texas, that Podlaski is a citizen of Indiana, and that Carson Boxberger, LLP, “is a limited
liability partnership practicing law in Indiana” with its principal office located in Indiana. (DE 1
¶¶ 5-7).
The complaint, however, fails to adequately allege the citizenship of Carson Boxberger,
LLP, for purposes of diversity jurisdiction. “[A] limited liability partnership has the citizenship
of all of its partners.” Morgan, Lewis & Bockius LLP v. City of East Chi., No. 08 C 2748, 2008
WL 4812658, at *1 (N.D. Ill. Oct. 29, 2008) (citing Carden v. Arkuma Assocs., 494 U.S. 185
(1990); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); see Guar. Nat’l Title Co. v.
J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996) (explaining that the court would “need to know
the name and citizenship(s)” of each partner for diversity jurisdiction purposes); Bosshard Bogs,
LLP v. Cliffstar Corp., No. 02-C-0034-C, 2002 WL 32360299, at *3 (W.D. Wis. Sept. 16, 2002)
(“The citizenship of either a limited liability partnership or a limited liability company is the

citizenship of each of its partners or members, not the location of its principal place of business.”
(citing Cosgrove, 150 F.3d at 731)). Moreover, “the citizenship of unincorporated associations
must be traced through however many layers of partners or members there may be.” Meyerson
v. Showboat Marina Casino P’ship, 312 F.3d 318, 320 (7th Cir. 2002) (citations omitted).
Anything less can result in a dismissal for want of jurisdiction. Mut. Assignment & Indem. Co. v.
Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).
Therefore, Bissonnette is ORDERED to supplement the record by filing an amended
complaint on or before November 24, 2015, that properly alleges the citizenship of Carson
Boxberger, LLP, by setting forth the identity and citizenship of each of its partners, tracing
through all applicable layers of ownership.
SO ORDERED.
Enter for this 12th day of November 2015.
/s/ Susan Collins
Susan Collins
United States Magistrate Judge

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