BRADY et al v. DUE NORTH HOLDINGS, LLC et al

Filing 7

ENTRY ON JURISDICTION - Therefore, Plaintiffs are ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the members of Defendants Scotty&# 039;s Holdings, LLC, Due North Holdings, LLC, and A Pots & Pans Production, LLC, as well as the members' citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry.) Signed by Judge Tanya Walton Pratt on 5/2/2017.(JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ROBERT D. BRADY, JR. on behalf of himself
and all others similarly situated,
RACHEL MEGQUIER on behalf of herself
and all others similarly situated,
Plaintiffs,
v.
DUE NORTH HOLDINGS, LLC,
A POTS & PANS PRODUCTION, LLC,
SCOTTY’S HOLDINGS, LLC,
Defendants.

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Case No. 1:17-cv-01313-TWP-MJD

ENTRY ON JURISDICTION
It has come to the Court’s attention that Plaintiffs’ 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 parties. 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 Due North Holdings, LLC is a Delaware limited
liability company with its principal place of business in Scottsdale, Arizona,” and Defendants
Scotty’s Holdings, LLC and A Pots & Pans Production, LLC are “Indiana limited liability
compan[ies] with [their] principal place of business in Indianapolis, Indiana.” (Filing No. 1 at 6.)
These jurisdictional allegations do not establish the citizenship of Defendants Due North Holdings,
LLC, Scotty’s Holdings, LLC, or A Pots & Pans Production, LLC. Alleging the identity and
citizenship of each of the members of the Defendant limited liability companies is necessary for
this Court to determine whether it has jurisdiction.
Therefore, Plaintiffs are ORDERED to file a Supplemental Jurisdictional Statement that
establishes the Court’s jurisdiction over this case. This statement should specifically identify the
members of Defendants Scotty’s Holdings, LLC, Due North Holdings, LLC, and A Pots & Pans
Production, LLC, as well as the members’ citizenship. This jurisdictional statement is due
fourteen (14) days from the date of this Entry.
SO ORDERED.

Date: 5/2/2017

Distribution:
Irwin B. Levin
COHEN & MALAD LLP
[e-mail]
Lynn A. Toops
COHEN & MALAD LLP
[e-mail]
Richard E. Shevitz
COHEN & MALAD LLP
[e-mail]
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