First American Title Insurance Company v. Boland Holdings, LLC

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is dismissed without prejudice for lack of subject matter jurisdiction. Signed by District Judge Catherine D. Perry on May 20, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FIRST AMERICAN TITLE INS.
CO.,
Plaintiff,
vs.
BOLAND HOLDINGS, LLC,
Defendant.

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Case No. 4:14CV739 CDP

MEMORANDUM AND ORDER OF DISMISSAL
This newly-filed case is before me on my review of the file for subject
matter jurisdiction. In this declaratory judgment action, plaintiff alleges that this
Court has diversity jurisdiction under 28 U.S.C. § 1332. In support of this
allegation, plaintiff alleges that it is incorporated in California and that defendant
is a “Missouri Limited Liability Company.” These allegations are insufficient to
establish diversity jurisdiction, as “[a]n 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). Moreover, a
corporation is deemed to be a citizen of both its state of incorporation and its
principal place of business. 28 U.S.C. § 1332(c)(1). Because plaintiff does not
allege its principal place of business, the members of defendant, or their

citizenship for diversity purposes, subject matter jurisdiction is not apparent on the
face of the complaint. This Court cannot exercise jurisdiction over this case under
28 U.S.C. § 1332.
Accordingly,
IT IS HEREBY ORDERED that this case is dismissed without prejudice
for lack of subject matter jurisdiction.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 20th day of May, 2014.

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