Creative Compounds, L.L.C. v. LEACH & PERRETT, INC
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that, by September 22, 2017, plaintiff shall file an amended complaint in accordance with this memorandum.IT IS FURTHER ORDERED that if plaintiff does not timely and fully complywith this order, this matter will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case areST A YED pending further order of this Court. Amended/Supplemental Pleadings due by 9/22/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 9/1/17. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CREATIVE COMPOUNDS, LLC,
LEACH & PERRETT, INC. d/b/a
PALMER NATURAL PRODUCTS,
Case No. 1:17cv150 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. 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 is a Limited Liability
Company ("LLC"). The 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, the Court must examine the citizenship of each member of the plaintiff to
determine whether diversity jurisdiction exists. The Complaint contains no allegations
concerning the members of the LLC.
IT IS HEREBY ORDERED that, by September 22, 2017, 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.
day of September, 2017.
UNITED STATES DISTRICT JUDGE
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