NEXTGEAR CAPITAL, INC. v. AMERICAN EAGLE AUTOMOTIVE LIMITED LIABILITY COMPANY et al

Filing 6

ENTRY ON JURISDICTION - The Defendants 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 Defendant American Eagle Automotive and those members' citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Entry.) Copy to James Kridel via US Mail. Signed by Judge Tanya Walton Pratt on 3/21/2018.(BRR)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
NEXTGEAR CAPITAL, INC.,

)
)
Plaintiff,
)
)
v.
)
)
AMERICAN EAGLE AUTOMOTIVE LIMITED )
LIABILITY COMPANY
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d/b/a LOMAN AUTO SALES AND
)
SERVICE,
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AMERICAN EAGLE AUTOMOTIVE LLC,
)
JOHN J. LOMAN,
)
DAVID B. LOMAN,
)
CAROL A. LOMAN,
)
)
Defendants.
)

No. 1:18-cv-00786-TWP-TAB

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 some 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 Notice of Removal alleges that “American Eagle Automotive Limited Liability
Company, d/b/a Loman Auto Sales and Service and American Eagle Automotive LLC (hereinafter
referred to as “Dealer”), is a New Jersey limited liability company and has its principal place of
business in the state of New Jersey. Dealer is, therefore, a citizen of New Jersey.” (Filing No. 1 at
3.) However, this jurisdictional allegation does not establish the citizenship of Defendant
American Eagle Automotive. 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 Defendants 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 Defendant American Eagle Automotive and those members’ citizenship. This
jurisdictional statement is due fourteen (14) days from the date of this Entry.
SO ORDERED.

Date:

3/21/2018

Distribution:
Michael G Gibson
NEXTGEAR CAPITAL, INC.
[e-mail]
James A. Kridel, Jr.
KRIDEL LAW GROUP
1035 Route 46 East
Suite B-204
Clifton, NJ 07013

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