KLINE et al v. GEMINI TRANSPORT, LLC et al

Filing 26

ENTRY ON JURISDICTION - 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 Defendant Gemini Transport, LLC and those members' citizenship. This jurisdictionalstatement is due fourteen (14) days from the date of this Entry. Additionally, counsel shall promptly comply with Local Rule 5-3, as well as Local Rule83-6 if applicable. See Local Rule 83-7(b) (requiring attorney not admitted to practice before this court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being transferred). Signed by Judge Tanya Walton Pratt on 12/27/2016.(LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
MATTHEW KLINE and
MARK KLINE, individually and on
behalf of minor HAYDEN KLINE,
Plaintiffs,
v.
GEMINI TRANSPORT, LLC,
AMARILDO ZERE,
FEDEX GROUND PACKAGE SYSTEM,
INCORPORATED, and
DELBERT E. LALLATHON, JR.,
Defendants.

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No. 4:16-cv-00231-TWP-DML

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 Defendant Gemini Transport, LLC.
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 Gemini Transport, LLC . . . is a business entity
organized and existing under the laws of the State of Michigan, with its principal place of business
in Dearborn, Michigan.” (Filing No. 1 at 2.) However, this jurisdictional allegation does not
establish the citizenship of Defendant Gemini Transport, LLC. 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 Defendant Gemini Transport, LLC and those members’ citizenship. This jurisdictional
statement is due fourteen (14) days from the date of this Entry.
Additionally, counsel shall promptly comply with Local Rule 5-3, as well as Local Rule
83-6 if applicable. See Local Rule 83-7(b) (requiring attorney not admitted to practice before this
court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being
transferred).

SO ORDERED.

Date: 12/27/2016
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Samuel W. Jarjour
[e-mail]
Robert D. Emmerson
DEFUR VORAN LLP
[e-mail]
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Michael J. Leizerman
E.J Leizerman & Associates
3450 W. Central Avenue, Suite 328
Toledo
Toledo, OH 43606
Joshua Leizerman
E.J. Leizerman & Associates
3450 W, Central Avenue
Suite 328
Toledo, OH 43606
Kevin J. Plagens
Kopka, Pinkus, Dolin & Eads
33533 W. Twelve Mile Road
Suite 350
Farmington Hills, MI 48331
David J. Yates
Segal McCambridge Singer & Mahoney
39475 Thirteen Mile Road
Suite 203
Novi, MI 48374
Eric P. Conn
Segal McCambridge Singer & Mahoney
39475 Thirteen Mile Road
Suite 203
Novi, MI 48374

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