S&B Entertainment, Inc. v. Coast to Coast Entertainment, LLC.

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that by December 19, 2013, plaintiff shall file an amended complaint that alleges facts establishing the citizenship of each defendant. IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter 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 urther order of this Court. ( Response to Court due by 12/19/2013.), Case stayed.. Signed by District Judge Charles A. Shaw on 12/9/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

S & B ENTERTAINMENT, INC.,
Plaintiff,
v.
COAST TO COAST ENTERTAINMENT,
LLC,
Defendant.

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No. 4:13-CV-2453 CAS

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. 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). “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. 2013).
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. The Complaint alleges that plaintiff S&B Entertainment,
Inc. is a Missouri corporation with its principal place of business in Missouri, and that defendant
Coast to Coast Entertainment, LLC is a New Jersey limited liability company that “transacts
business in the State of Missouri.” Complaint at 1. These allegations are insufficient for the Court
to determine whether it has diversity jurisdiction over this matter.

Unlike a corporation, which is a citizen of both its state(s) of organization and principal place
of business, see 28 U.S.C. §§ 1332(a), (c)(1); Sanders, 823 F.2d at 215 n.1, limited liability
companies 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 defendant
Coast to Coast Entertainment, LLC, the Court must examine the citizenship of each member of the
limited liability company to determine whether diversity jurisdiction exists. The Complaint contains
no allegations concerning the members of Coast to Coast Entertainment, LLC or their citizenship.
The Court will grant plaintiff ten (10) days to file an amended complaint that alleges facts
showing the existence of the requisite diversity of citizenship of the parties. If plaintiff fails to
timely and fully comply with this Order, the Court will dismiss this matter without prejudice for lack
of subject matter jurisdiction.
Accordingly,
IT IS HEREBY ORDERED that by December 19, 2013, plaintiff shall file an amended
complaint that alleges facts establishing the citizenship of each defendant.
IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this
order, this matter 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 9th day of December, 2013.

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