Bradley et al v. Shelton et al

Filing 20

MEMORANDUM AND ORDER of DISMISSAL: IT IS HEREBY ORDERED that plaintiffs complaint is dismissed for lack of subject matter jurisdiction. Signed by District Judge Rodney W. Sippel on 10/10/2012. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVID BRADLEY,
Plaintiff,
vs.
WILLIAM SHELTON, et al.,
Defendants.

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Case No. 4:12CV1737 RWS

MEMORANDUM AND ORDER OF DISMISSAL
This newly-filed case is before me following a status conference. Plaintiff alleges that
this Court has subject matter jurisdiction based upon diversity of citizenship under 28 U.S.C. §
1332(a)(1). Plaintiff alleges that he is a member of defendant Smoke Tobacco, LLC, a limited
liability corporation. “An LLC’s citizenship, for purposes of diversity jurisdiction, is the
citizenship of each of its members.” OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346
(8th Cir. 2007). Therefore, according to the face of the complaint, both plaintiff and defendant
Smoke Tobacco, LLC are citizens of Pennsylvania. “Complete diversity of citizenship exists
where no defendant holds citizenship in the same state where any plaintiff holds citizenship.” Id.
Because both plaintiff and defendant are citizens of Pennsylvania, this Court lacks diversity
jurisdiction and the complaint must be dismissed.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s complaint is dismissed for lack of subject
matter jurisdiction.

A separate Order of Dismissal is entered this same date.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 10th day of October, 2012.

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