BRAGA v. VAPOR ACQUISITION CORP., et al
Filing
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ENTRY-The Defendants are ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over the case. This jurisdictional statement is due fourteen days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 7/6/2017.(CBU)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LUIS BRAGA,
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Plaintiff,
v.
VAPOR ACQUISITION CORP.,
VAPOR PARENT, LLC,
CERBERUS CAPITAL MANAGEMENT,
L.P.,
CERBERUS VAPOR HOLDINGS, LLC,
Defendants.
Case No. 1:17-cv-02272-TWP-DML
ENTRY ON JURISDICTION
It has come to the Court’s attention that Defendants’ Notice of Removal fails to allege all
of the facts necessary to determine whether this Court has subject matter jurisdiction over this case.
The Notice of Removal alleges that this Court has jurisdiction based upon diversity of citizenship.
However, the Notice of Removal 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).
“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. “[T]he citizenship of unincorporated associations must be traced
through however many layers of partners or members there may be.” Hart v. Terminex Int’l, 336
F.3d 541, 543 (7th Cir. 2003).
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The Notice of Removal alleges that “Defendant Vapor Acquisition Corp. is incorporated
under the laws of the State of Delaware and has its principal place of business in the State of
Michigan. Defendant Vapor Parent, LLC is a Delaware limited liability company and has its
principal place of business in the State of Michigan. Defendant Cerberus Vapor Holdings, LLC is
a Delaware limited liability company and has its principal place of business in the state of New
York. Defendant Cerberus Capital Management, L.P. is a Delaware limited partnership and has
its principal place of business in the State of New York.” (Filing No. 1 at 2.)
These allegations are not sufficient to allow the Court to determine whether diversity
jurisdiction exists. Jurisdictional statements regarding LLCs and LPs must identify the members
and partners, as well as the members’ and partners’ citizenship.
Therefore, the Defendants are ORDERED to file a Supplemental Jurisdictional Statement
that establishes the Court’s jurisdiction over this case. This statement should specifically identify
LLC and LP Defendants’ members and partners. This jurisdictional statement is due fourteen (14)
days from the date of this Entry.
SO ORDERED.
Date: 7/6/2017
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Distribution:
Adam Garth Forrest
BOSTON BEVER KLINGE CROSS & CHIDESTER
aforrest@bbkcc.com
Ronald Lloyd Cross
BOSTON BEVER KLINGE CROSS & CHIDESTER
rcross@bbkcc.com
Emily Steeb
FAEGRE BAKER DANIELS LLP (Indianapolis)
emily.steeb@faegrebd.com
Harmony A. Mappes
FAEGRE BAKER DANIELS LLP (Indianapolis)
harmony.mappes@faegrebd.com
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