BRAGA v. VAPOR ACQUISITION CORP., et al

Filing 6

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)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LUIS BRAGA, ) ) ) ) ) ) ) ) ) ) ) ) ) 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). 1 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 2 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 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?