M.E.M. Ventures, LLC v. The White Group, Inc. et al

Filing 14

OPINION AND ORDER re 1 NOTICE of Removal filed by Defendant Steven White. Defendant ORDERED to file a Supplemental Jurisdictional Statement by 7/25/2016 identifying his domicile and listing the identity and citizenship of each member of Plaintiff M.E.M. Ventures, LLC. Signed by Magistrate Judge Paul R Cherry on 7/11/16. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
M.E.M. VENTURES, LLC d/b/a
ROUND GROVE CENTER,

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)
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Plaintiff,
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v.
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THE WHITE GROUP, INC. and STEVEN WHITE,)
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Defendants.
)

CAUSE NO. 4:16-CV-23-TLS-PRC

OPINION AND ORDER
A First Amended Complaint was filed in the White County, Indiana, Superior Court on
February 24, 2016. Defendant Steven White removed the case, with the consent of Defendant The
White Group, to this Court on March 18, 2016, based on diversity jurisdiction pursuant to 28 U.S.C.
§ 1332(a).
The Court must continuously police its subject matter jurisdiction. Hay v. Ind. State Bd. of
Tax Comm’rs, 312 F.3d 876, 879 (7th Cir. 2002). As the party seeking to invoke federal diversity
jurisdiction, Defendant Steven White bears the burden of demonstrating that the requirement of
complete diversity has been met. Chase v. Shop’n Save Warehouse Foods, Inc., 110 F.3d 424, 427
(7th Cir. 1997). Anything less can result in a dismissal or remand for want of jurisdiction. Mut.
Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004). The
jurisdictional allegations of the Notice of Removal are deficient. Although the citizenship of
Defendant The White Group, Inc. is properly alleged, there is insufficient information to determine
the citizenship of Plaintiff M.E.M. Ventures, LLC and of Defendant Steven White.
First, the Notice of Removal alleges that Defendant The White Group, Inc. is organized
under the laws of Oklahoma with its principal place of business in Oklahoma. See 28 U.S.C. §

1332(c)(1) (providing that a corporation is deemed to be a citizen of every state and foreign state
in which it has been incorporated and the state or foreign state where it has its principal place of
business); Hertz Corp. v. Friend, 559 U.S. 77, 92-93 (2010) (holding that the term “principal place
of business” refers to the corporation’s “nerve center,” that is, the place where a corporation’s
officers direct, control, and coordinate the corporation’s activities). This is sufficient to determine
that The White Group, Inc. is a citizen of Oklahoma.
The citizenship of Defendant Steven White is determined by his domicile. Dakuras v.
Edwards, 312 F.3d 256, 258 (7th Cir. 2002); see Heinen v. Northrop Grumman Corp., 671 F.3d 669,
670 (7th Cir. 2012) (“[R]esidence may or may not demonstrate citizenship, which depends on
domicile–that is to say, the state in which a person intends to live over the long run.”); Guar. Nat’l
Title Co., Inc. v. J.E.G. Assocs., 101 F.3d 57, 58-59 (7th Cir. 1996) (explaining that statements
concerning a party’s “residency” are not proper allegations of citizenship as required by 28 U.S.C.
§ 1332). The Notice of Removal alleges that Defendant Steven White is “a citizen of Oklahoma”;
this is not a statement of domicile. The First Amended Complaint alleges that Steven White is a
“resident” of Disney, Oklahoma, which is also not a statement of domicile. Defendant Steven White
must advise the Court of his domicile.
As for Plaintiff M.E.M. Ventures, LLC, a limited liability company is analogous to a
partnership and takes the citizenship of its members. Belleville Catering Co. v. Champaign Mkt.
Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003). If the members of the limited liability company are
themselves limited liability companies, the plaintiff must also plead the citizenship of those
members as of the date the complaint was filed. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534
(7th Cir. 2007) (“[A]n LLC’s jurisdictional statement must identify the citizenship of each of its

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members as of the date the complaint or notice of removal was filed, and, if those members have
members, the citizenship of those members as well.”). The Notice of Removal alleges, without more,
that M.E.M. Ventures, LLC “is a citizen of the state of Indiana.” The First Amended Complaint is
silent as to the members of M.E.M. Ventures, LLC. Therefore, Defendant Steven White must advise
the Court of the identity and citizenship of each member of M.E.M. Ventures, LLC. If any of those
members are themselves limited liability companies, the membership of each member limited
liability company must also be identified.
Accordingly, Defendant Steven White is ORDERED to FILE a Supplemental Jurisdictional
Statement on or before July 25, 2016, (1) identifying his domicile and (2) listing the identity and
citizenship of each member of Plaintiff M.E.M. Ventures, LLC.
SO ORDERED this 11th day of July, 2016.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT

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