Pettisville Grain Co. v. Syngenta AG et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that within ten (10) days from the date of this Order, Plaintiff shall file an amended complaint that alleges facts establishing the citizenship of each party. If Plaintiff fails to timely and fully comply with this Order, this matter may be dismissed without prejudice for lack of subject matter jurisdiction. Signed by District Judge Audrey G. Fleissig on November 20, 2015. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PETTISVILLE GRAIN CO.,
Plaintiff,
v.
SYNGENTA AG, et al.,
Defendants.
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No. 4:15-cv-01717-AGF
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).
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 amount in controversy exceeds $75,000. The complaint alleges that Plaintiff is
an Ohio corporation with its principal place of business in Ohio and that “Defendants are
incorporated and have their principal places of business in states other than the state in
which the named Plaintiff resides.” (Doc. No. 1 at 5.) The complaint goes on to allege
each Defendant’s state of incorporation and its principal place of business. However, one
Defendant, Syngenta Crop Protection, LLC, is a limited liability company.
Plaintiff apparently assumes that a limited liability company is treated like a
corporation and thus is a citizen of its state of organization and its principal place of
business. See 28 U.S.C. § 1332(c)(1). That is incorrect. Rather, a limited liability
company is a citizen of every state of which any member is a citizen. GMAC
Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
Thus, in order to determine whether complete diversity of citizenship exists in this case,
the Court must examine the citizenship of each member of Syngenta Crop Protection,
LLC. The complaint contains no allegations concerning the members of this Defendant,
or their citizenship.
The Court will grant Plaintiff seven (7) 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 may dismiss this
matter without prejudice for lack of subject matter jurisdiction.
CONCLUSION
Accordingly,
IT IS HEREBY ORDERED that within ten (10) days from the date of this
Order, Plaintiff shall file an amended complaint that alleges facts establishing the
citizenship of each party. If Plaintiff fails to timely and fully comply with this Order, this
matter may be dismissed without prejudice for lack of subject matter jurisdiction.
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 20th day of November, 2015.
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