FAST TEK GROUP, LLC v. PLASTECH ENGINEERED PRODUCTS, INC.

Filing 10

ORDER TO SHOW CAUSE - Plaintiff ordered to show cause no later than 01/09/2006 why this action should not be dismissed for lack of jurisdiction. Signed by Judge David Frank Hamilton on 12/19/2005. (CEB, )

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FAST TEK GROUP, LLC v. PLASTECH ENGINEERED PRODUCTS, INC. Doc. 10 Case 1:05-cv-01868-DFH-TAB Document 10 Filed 12/19/2005 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION FAST TEK GROUP, LLC, Plaintiff, v. PLASTECH ENGINEERED PRODUCTS, INC., Defendant. ) ) ) ) ) CASE NO. 1:05-cv-1868-DFH-TAB ) ) ) ) ) ORDER TO SHOW CAUSE The complaint in this case was filed on December 16, 2005, and the court has reviewed the same as to jurisdictional matters. The complaint attempts to invoke the court's diversity jurisdiction under 28 U.S.C. 1332. Plaintiff is a limited liability company but has pleaded its citizenship as if it were a corporation. A limited liability company is treated like a partnership, however, so that all of its members and their citizenships must be set forth. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE no later than January 9, 2006, why this action should not be dismissed for lack of jurisdiction. An amended complaint curing this problem would be a sufficient response. Dockets.Justia.com Case 1:05-cv-01868-DFH-TAB Document 10 Filed 12/19/2005 Page 2 of 2 So ordered. Date: December 19, 2005 DAVID F. HAMILTON, JUDGE United States District Court Southern District of Indiana Copies to: James H. Hanson SCOPELITIS GARVIN LIGHT & HANSON jhanson@scopelitis.com Craig Joseph Helmreich SCOPELITIS GARVIN LIGHT & HANSON chelmreich@scopelitis.com -2-

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