Inspired Pharma Solutions, LLC v. 5MRX LLC et al

Filing 12

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that, by July 21, 2017, defendants shall file an amended notice of removal in accordance with this memorandum, setting forth the members of each limited liability company party and the citizenship of each of those members. IT IS FURTHER ORDERED that if defendants do not timely and fully comply with this order, this matter will be remanded for lack of subject matter jurisdiction Amended/Supplemental Pleadings due by 7/21/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 6/29/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
INSPIRED PHARMA SOLUTIONS, LLC, )
)
Plaintiff,
)
)
v.
)
)
5MRX LLC, et al.,
)
)
Defendants.
)

Case No. 4:17cv1621 SNLJ

MEMORANDUM AND ORDER
On June 6, 2017, this Court ordered the defendant to file an amended notice of
removal setting forth the members of each limited liability company party and the
citizenship of each of those members. Defendants filed an amended notice stating that
the members of plaintiff Inspired Pharm Solutions, LLC are citizens of the state of
Missouri. That information is insufficient for the Court to examine the citizenship of
each member of plaintiff. Furthermore, this Court is required to examine the parties for
any potential conflicts of interest that the undersigned might possess. See 28 U.S.C. §
455.
Defendants state that defendant 5mRx LLC is comprised of ten members. Seven
of those members are individuals, and defendants provide the individuals’ citizenship
information. Three of 5mRx’s members, however, are LLCs. The Eighth Circuit has
held that 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,

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829 (8th Cir. 2004). Thus, defendant must provide member names and citizenship for
each of those LLC members. This matter is before the Court on review of the file
following assignment to the undersigned.
Because it is the defendants’ burden in this case to establish subject matter
jurisdiction, In re Business Men’s Assur. Co. of America, 992 F.2d 181, 183 (8th Cir.
1993), the Court will grant defendant twenty-one (21) days to file a second amended
petition which alleges facts showing the existence of the requisite diversity of citizenship
of the parties. If defendants fail 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 July 21, 2017, defendants shall file an
amended notice of removal in accordance with this memorandum, setting forth the
members of each limited liability company party and the citizenship of each of those
members.
IT IS FURTHER ORDERED that if defendants do not timely and fully comply
with this order, this matter will be remanded for lack of subject matter jurisdiction.
Dated this

29thth

day of June, 2017.
_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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