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

Filing 16

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, by August 11, 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. Signed by District Judge Stephen N. Limbaugh, Jr on 7/21/2017. (JMC)

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 29, 2017, this Court ordered the defendant to file a second amended
notice of removal setting forth the members of each limited liability company party and
the citizenship of each of those members. On July 21, 2017, defendants filed their
amended notice, but defendants again stated that the “member(s)” of plaintiff Inspired
Pharma Solutions, LLC are, “upon information and belief,” citizens of the state of
Missouri. (#14 at ¶ 9.) 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.
Although defendants have adequately alleged that defendant 5mRx LLC is a
citizen of Nevada, Ohio, Delaware, Florida, Illinois, Massachusetts, Maryland, and
California, the defendant has not adequately alleged the citizenship of plaintiff Inspired
Pharma Solutions, LLC.

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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 third 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 August 11, 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

21st

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

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