Linden v. DrakeAerial Enterprises LLC et al

Filing 5

ORDER Directing Plaintiff to Amend Complaint 1 , filed by Howard Linden. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HOWARD LINDEN,
Plaintiff,
Civil Action No. 16-13365
v.
HONORABLE DENISE PAGE HOOD
DRAKE AERIAL ENTERPRISES LLC,
et al.
Defendants.
___________________________________/
ORDER DIRECTING PLAINTIFF TO AMEND COMPLAINT
Plaintiff alleges subject matter jurisdiction based on the Court’s diversity
jurisdiction under 28 U.S.C. § 1332. A review of the Complaint filed by Plaintiff fails
to assert the citizenship of each member of the Defendant limited liability company.
The Court is unable to determine if it has subject matter jurisdiction over the
Complaint. All unincorporated entities, including a limited liability company, have
the citizenship of each partner or member. Delay v. Rosenthal Collins Group, LLC,
585 F.3d 1003, 1005 (6th Cir. 2009); see, Homfeld II, L.L.C. v. Comair Holdings, Inc.,
53 F. App’x 731, 732, 2002 WL 31780184 (6th Cir. Dec. 3, 2002). Pursuant to 28
U.S.C. § 1653, Plaintiff must amend the Complaint to cure the defective allegations
of jurisdiction.
Accordingly,

IT IS ORDERED that Plaintiff file an Amended Complaint only to identify
each member of the Defendant limited liability company within 14 days from the
entry of this Order. Failure to do so will result in the dismissal of the Complaint
without prejudice for lack of prosecution. E.D. Mich. LR 41.2.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: September 29, 2016
I hereby certify that a copy of the foregoing document was served upon counsel of
record on September 29, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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