Johnson v. Johnson & Johnson et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by September 12, 2016, plaintiff shall file an amended complaint in accordance with this memorandum.IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court. Signed by District Judge Stephen N. Limbaugh, Jr on 8/30/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ANDREW JOHNSON,

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Plaintiff,
v.
JOHNSON & JOHNSON, et al.,
Defendants.

Case No. 1:16cv224 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on review of the file following assignment to the
undersigned. The Eight Circuit has admonished district courts to “be attentive to a
satisfaction of jurisdictional requirements in all cases.” Sanders v. Clemco Indus., 823
F.2d 214, 216 (8th Cir. 1987). “In every federal case the court must be satisfied that it
has jurisdiction before it turns to the merits of other legal arguments.” Carlson v.
Arrowhead Concrete Works, Inc., 445 F.3d 1046, 1050 (8th Cir. 2006). “A plaintiff who
seeks to invoke diversity jurisdiction of the federal courts must plead citizenship
distinctly and affirmatively.” 15 James Wm. Moore, et al., Moore’s Federal Practice §
102.31 (3d ed. 2010).
The Complaint in this case asserts that the Court has jurisdiction over the action
pursuant to 28 U.S.C. § 1332 because the lawsuit is between citizens of different States
and the matter in controversy exceeds the sum of $75,000. Plaintiff named several
entities as defendants, including at least two Limited Liability Companies (“LLCs”). The

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Eighth Circuit has held that unincorporated entities such as LLCs are citizens of every
state of which any member is a citizen. See GMAC Commercial Credit, LLC v. Dillard
Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Thus, for each LLC defendant, the
Court must examine the citizenship of each member of those companies to determine
whether diversity jurisdiction exists. The Complaint contains no allegations concerning
the members of the defendant LLCs.
Accordingly,
IT IS HEREBY ORDERED that, by September 12, 2016, plaintiff shall file an
amended complaint in accordance with this memorandum.
IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply
with this order, this matter will be dismissed for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that all other proceedings in this case are
STAYED pending further order of this Court.

Dated this

30th

day of August, 2016.

_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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