QUEST ENVIRONMENTAL & SAFETY PRODUCTS INC. v. ECO ALUMINUM PALLETS LLC

Filing 6

ENTRY On Jurisdiction. The Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the members of the Defendant and those members' citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 10/21/2016.(MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
QUEST ENVIRONMENTAL & SAFETY
PRODUCTS INC.,
Plaintiff,
v.
ECO ALUMINUM PALLETS LLC,
Defendant.

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No. 1:16-cv-02653-TWP-MPB

ENTRY ON JURISDICTION
It has come to the Court’s attention that Plaintiff’s Complaint fails to allege all of the facts
necessary to determine whether this Court has subject matter jurisdiction over this case. The
Complaint alleges that this Court has jurisdiction based upon diversity of citizenship. However,
the Complaint fails to sufficiently allege the citizenship of the Defendant. Citizenship is the
operative consideration for jurisdictional purposes. See Meyerson v. Harrah’s East Chicago
Casino, 299 F.3d 616, 617 (7th Cir. 2002) (“residence and citizenship are not synonyms and it is
the latter that matters for purposes of the diversity jurisdiction”).
“For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of
its members.” Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). “Consequently, an
LLC’s jurisdictional statement must identify the citizenship of each of its 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.” Id.
The Complaint alleges that “Defendant ECO is an Arizona limited liability company, with
its principal place of business located in Scottsdale, Arizona.” (Filing No. 1 at 2.) However, this
jurisdictional allegation does not establish the citizenship of the Defendant. Alleging the identity

and citizenship of each of the members of the Defendant limited liability company is necessary for
this Court to determine whether it has jurisdiction.
Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that
establishes the Court’s jurisdiction over this case. This statement should specifically identify the
members of the Defendant and those members’ citizenship. This jurisdictional statement is due
fourteen (14) days from the date of this Entry.
SO ORDERED.

Date: 10/21/2016

Distribution:
Brett J. Miller
BINGHAM GREENEBAUM DOLL LLP
[e-mail]
Margaret M. Christensen
BINGHAM GREENEBAUM DOLL LLP
[e-mail]

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