Simply Thick, LLC v. Thermo Pac, LLC et al
Filing
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff shall file an amended complaint by September 16, 2013, which shall include statements regarding the citizenship of each member of each limited liability company for purposes of diversity jurisd iction. IT IS FURTHER ORDERED that in the event plaintiff does not timely comply with this Order, this case will be dismissed without prejudice 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. Response to Court due by 9/16/2013. Signed by District Judge Charles A. Shaw on 8/29/13. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SIMPLY THICK, LLC,
Plaintiff,
v.
THERMO PAC, LLC, et al.,
Defendants.
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No. 4:13-CV-1036 CAS
MEMORANDUM AND ORDER
This matter is before the Court on review of the file following reassignment to the
undersigned. The Court notes the existence of issues regarding jurisdiction. “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). The
Eighth 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). Statutes
conferring diversity jurisdiction are to be strictly construed. Sheehan v. Gustafson, 967 F.2d 1214,
1215 (8th Cir. 1992).
Plaintiff brings its complaint pursuant to this Court’s diversity jurisdiction. The complaint
alleges state law claims for breach of express warranty and breach of implied warranty of fitness
arising out of manufacture of the SimplyThick product. The complaint must allege each party’s
place of citizenship, including allegations of any corporate party’s state of incorporation and
principal place of business. 28 U.S.C. §§ 1332(a), (c)(1); see Sanders, 823 F.2d at 215 n.1. For
limited liability companies, the Court must examine the citizenship of each member of the limited
liability company for purposes of diversity jurisdiction. GMAC Commercial Credit, LLC v. Dillard
Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
In this case, plaintiff Simply Thick, LLC and defendants Thermo Pac, LLC and AmeriQual
Group, LLC are limited liability companies. Although the complaint states these entities’ principal
places of business, it does not state the citizenship of each member of each limited liability
company. As such, the complaint does not adequately establish the existence of diversity
jurisdiction. See Rule 8(a), Federal Rules of Civil Procedure (“A pleading which sets forth a claim
for relief shall contain (1) a short and plain statement of the grounds upon which the court’s
jurisdiction depends”); see also Sanders, 823 F.2d at 216 (discussing pleading requirements to
establish diversity jurisdiction). The Court therefore cannot determine whether diversity jurisdiction
exists. Plaintiff will be ordered to file an amended complaint by September 16, 2013.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall file an amended complaint by September
16, 2013, which shall include statements regarding the citizenship of each member of each limited
liability company for purposes of diversity jurisdiction.
IT IS FURTHER ORDERED that in the event plaintiff does not timely comply with this
Order, this case will be dismissed without prejudice 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.
__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 29th day of August, 2013.
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