MYBUSINESS LOAN.COM, LLC v. Linstad

Filing 4

Judge Indira Talwani: ORDER REGARDING SUBJECT MATTER JURISDICTION. MYBUSINESSLOAN.COM, LLC is hereby ordered to file a statement of its citizenship by no later than May 21, 2015. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
MYBUSINESSLOAN.COM, LLC d/b/a
DEALSTRUCK,
Plaintiff,
v.
BRUCE M. LINSTAD,
Defendant.

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Civil Action No. 15-cv-11754-IT

ORDER REGARDING SUBJECT MATTER JURISDICTION
May 7, 2015
TALWANI, D.J.
Plaintiff MYBUSINESSLOAN.COM, LLC filed this case in federal court on the basis of
diversity jurisdiction. See Compl. [#1]. MYBUSINESSLOAN.COM, LLC states that it is “a
limited liability company organized and existing under the laws of the State of California and . . .
located . . . [in] Carlsbad, California” while Defendant is a citizen of Massachusetts. Id. ¶¶ 2-5.
Unlike a corporation, the citizenship of a limited liability company is based on the
citizenship of each of its members. See Pramco ex rel. CFSC Consortium v. San Juan Bay
Marina, 435 F.3d 51, 54-55 (1st Cir. 2006). Accordingly, the jurisdictional allegations in
MYBUSINESSLOAN.COM, LLC’s complaint are insufficient to show that the court has subject
matter jurisdiction over this case pursuant to 28 U.S.C. § 1332.
MYBUSINESSLOAN.COM, LLC is hereby ordered to file a statement of its citizenship
by no later than May 21, 2015.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge