Grover-Tsimi v. American Laser Centers, LLC et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Adopting 3 Report and Recommendation; Denying as moot 2 Motion for Leave to Proceed in forma pauperis filed by Vivian Dorothea Grover-Tsimi (Written Opinion). Signed by Senior Judge David S. Doty on 02/09/2010. (PJM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 09-2729(DSD/JJK) Vivian Dorthea Grover-Tsimi, Plaintiff, v. American Laser Centers, LLC on behalf of medical providers, American Laser Center (Eagan), American Laser Center (Edina), on behalf of clinicians/technicians, Defendants. ORDER This matter is before the court upon plaintiff Vivian Dorothea Grover-Tsimi's ("Grover-Tsimi") pro se objections to the October 16, 2009, report and recommendation of Magistrate Judge Jeffrey J. Keyes. The magistrate judge recommends dismissal of the action for lack of subject-matter jurisdiction and denial of Grover-Tsimi's application to proceed in forma pauperis. After a de novo review of the file, record and proceedings herein, and for the following reasons, the court adopts the magistrate judge's well-reasoned report and recommendation. The court reviews the magistrate judge's report and recommendation de novo. 28 U.S.C. 636(b)(1)(C); Fed. R. Civ. P. The court liberally construes pro 72(b)(3); D. Minn. LR 72.2(b). se pleadings and does not unreasonably subject them to "stringent procedural niceties." Papantony v. Hedrick, 215 F.3d 863, 865 (8th Cir. 2000). The need to establish the subject-matter jurisdiction of a federal court, however, is "inflexible and without exception." Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 95 (1998) (quotation and citation omitted). Grover-Tsimi is a citizen of Minnesota who asserts state-law claims against defendant American Laser Centers, LLC ("ALC"). According to Grover-Tsimi, ALC is a "corporation whose residence of citizenship is headquartered at ... Farmington Hills, Michigan." (Pl.'s Obj. 2.) For purposes of diversity jurisdiction, however, a limited-liability company is a citizen of every state in which its members are citizens. OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 & 347 n.4 (8th Cir. 2007). Grover-Tsimi has not established the citizenship of ALC, and the court cannot determine whether diversity exists between ALC and Grover-Tsimi. Therefore, the court dismisses her claim against ALC without prejudice. Grover-Tsimi also asserts state-law claims against Minnesota businesses American Laser Center (Eagan) and American Laser Center (Edina). The court dismisses these claims with prejudice, because Grover-Tsimi's state-law claims against Minnesota defendants cannot be heard in federal court. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's objections to the magistrate judge's report and recommendation are overruled; 2. The magistrate judge's report and recommendation [Doc. No. 3] is adopted in its entirety; 2 3. Plaintiff's claim against American Laser Centers, LLC is dismissed without prejudice; 4. Plaintiff's claims against American Laser Center (Eagan) and American Laser Center (Edina) are dismissed with prejudice; and 5. Plaintiff's application to proceed in forma pauperis [Doc. No. 2] is denied as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 9, 2010 s/David S. Doty David S. Doty, Judge United States District Court 3

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