International Green Structures, LLC v Global Marketing Partners, LLC et al

Filing 8

MEMORANDUM AND ORDER directing Plaintiff to proceed with service on Defendants. Signed by Judge James K. Bredar on 2/12/13. (bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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INT’L GREEN STRUCTURES, LLC,

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Plaintiff

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v.

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CIVIL NO. JKB-13-291

GLOBAL MGMT. PARTNERS, LLC, et al., *
Defendants
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MEMORANDUM AND ORDER
Plaintiff filed this suit asserting various state law causes of action against Defendants.
(Compl., ECF No. 1.) Because it was not evident to the Court that complete diversity existed
between Plaintiff—a limited liability company (“LLC”) whose citizenship derives from its
members’ citizenship—and Defendants, one of which is also an LLC and is similarly restricted
to the citizenship of its members, the Court ordered Plaintiff to provide a jurisdictional statement
that would assist the Court in determining the existence vel non of diversity jurisdiction. (ECF
No. 5.)

In response, Plaintiff has filed the required statement and has filed an amended

complaint, eliminating one of the Defendants and adding a count designed to confer
federal-question jurisdiction. (ECF Nos. 6, 7.)
Plaintiff’s efforts do not establish complete diversity between the parties. Although
Plaintiff has eliminated an individual Defendant, Morris Moses, that former individual
Defendant’s citizenship still matters because of his status as a member of an LLC, which remains
a Defendant. However, Plaintiff has asserted a somewhat colorable claim under 42 U.S.C.
§ 1981 based on Defendants’ alleged, racially discriminatory denial of Plaintiff’s rights to make
contracts. The presence of this additional count confers federal-question jurisdiction upon the

Court to entertain Plaintiff’s amended complaint, including the state law counts under the
Court’s supplemental jurisdiction.
Plaintiff’s amended complaint was filed as of right under Federal Rule of Civil
Procedure 15(a), and no further order of the Court is necessary for its docketing. Plaintiff is
DIRECTED to proceed with service on Defendants.
DATED this 12th day of February, 2013.

BY THE COURT:

/s/
James K. Bredar
United States District Judge

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