RAMOS et al v. LUMIERE INDUSTRIES, LLC et al

Filing 8

ORDER: Plaintiffs filed their Complaint against Defendants alleging that this Court has diversity jurisdiction over their action. [Filing No. 1 at 1-2.] Plaintiffs properly set forth their ci tizenships, the citizenship of Defendant AFGA Corporation, and the amount in controversy, but allege that Defendant Lumiere Industries, LLC ("Lumiere") "is a Colorado limited liability company with its principal place of business in Littleton, Colorado." Plaintiffs are ORDERED to file an Amended Complain t by January 7, 2015, specifically setting forth jurisdictional allegations to establish the citizenship Lumiere and the other parties (see Order for additional information). Signed by Judge Jane Magnus-Stinson on 12/22/2014.(SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
STEVEN A. RAMOS AND IMAGINE & DISCOVERY, INC.,
Plaintiffs,

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vs.
LUMIERE INDUSTRIES, LLC AND AGFA CORPORATION,
Defendants.

1:14-cv-2073-JMS-DKL

ORDER
Plaintiffs filed their Complaint against Defendants alleging that this Court has diversity
jurisdiction over their action. [Filing No. 1 at 1-2.] Plaintiffs properly set forth their citizenships,
the citizenship of Defendant AFGA Corporation, and the amount in controversy, but allege that
Defendant Lumiere Industries, LLC (“Lumiere”) “is a Colorado limited liability company with its
principal place of business in Littleton, Colorado.” [Filing No. 1 at 1.]
Plaintiffs’ allegations regarding Lumiere are insufficient to establish its citizenship because
the “citizenship of an LLC depends on [the] citizenship of its members, traced through as many
levels as necessary to reach corporations or natural persons.” BouMatic, LLC v. Idento Operations,
BV, 759 F.3d 790, 791 (7th Cir. 2014) (citing Cosgrove v. Bartolotta, 150 F.3d 729 (7th Cir.
1998)). The Court is not being hyper-technical: Counsel has a professional obligation to analyze
subject-matter jurisdiction, Heinen v. Northrop Grumman Corp., 671 F.3d 669 (7th Cir. 2012),
and a federal court always has a responsibility to ensure that it has jurisdiction, Hukic v. Aurora
Loan Servs., 588 F.3d 420, 427 (7th Cir. 2009).

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For these reasons, Plaintiffs are ORDERED to file an Amended Complaint by January 7,
2015, specifically setting forth jurisdictional allegations to establish the citizenship Lumiere and
the other parties.

December 22, 2014

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via ECF only to all counsel of record

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