Salvato et al v. Amazon.com, Inc. et al

Filing 38

Judge F. Dennis Saylor, IV: ORDER GRANTING IN PART MOTION FOR SUBSTITUTION OF PARTY AND ORDER TO SHOW CAUSE (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
)
EDWARD SALVATO and
)
WENDI SALVATO,
)
)
Plaintiffs,
)
)
v.
)
)
AMAZON.COM, INC. and
)
IQOR US, INC.,
)
)
Defendants.
)
__________________________________________)

Civil Action No.
18-10505-FDS

ORDER GRANTING MOTION FOR SUBSTITUTION OF PARTY
AND ORDER TO SHOW CAUSE
SAYLOR, J.
Plaintiffs Edward and Wendi Salvato and defendant Amazon.com, Inc. have jointly
moved for a substitution of party pursuant to Fed. R. Civ. P. 15(a)(2) and 25. As grounds for that
motion, the parties assert that defendant Amazon.com, Inc. has been incorrectly sued, and that
the appropriate named entity is Amazon Robotics, LLC. They seek an order allowing the
substitution of Amazon Robotics, LLC for Amazon.com, Inc. to ensure that the proper party
defendant is in the case.
The Court hereby grants the motion for substitution, subject to the following order to
show cause.
Because subject-matter jurisdiction in this case is based on diversity of citizenship
pursuant to 28 U.S.C. § 1332, the parties are directed to file a statement establishing that the
substitution of Amazon Robotics, LLC as a defendant in this case does not destroy diversity of
citizenship. Specifically, because the citizenship of an LLC is determined by the citizenship of

its members, the parties are directed to file a statement establishing the membership of Amazon
Robotics, LLC, the citizenship of those members, and further that no member is a citizen of the
same state as any plaintiff. Such statement is to be filed with the Court within 14 days, or by
March 22, 2019.
So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: March 8, 2019

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