Wagner et al v. George et al

Filing 14

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that, by March 26, 2018, plaintiff shall file an amended complaint in accordance with this memorandum, IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter wi ll be dismissed 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. Amended/Supplemental Pleadings due by 3/26/2018. Signed by District Judge Stephen N. Limbaugh, Jr on 2/26/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN WAGNER and CAROL WAGNER, )
)
Plaintiffs,
)
)
v.
)
)
CNS TRANSPRO, LLC, et al.,
)
)
Defendants.
)

Case No. 4:18cv142 SNLJ

MEMORANDUM AND ORDER
On January 30, 2018, this Court ordered plaintiffs to file an amended complaint
identifying the members of the defendant LLCs and indicating the citizenship of those
members. Plaintiffs filed an amended complaint stating that the two LLC defendants
have “no member who is a citizen of the State of Missouri.” (#6 ¶¶ 3, 5.) The Eighth
Circuit has held that unincorporated entities such as LLCs 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). The information plaintiffs provided is
insufficient for the Court to examine the citizenship of each member of defendants.
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.

Accordingly,
IT IS HEREBY ORDERED that, by March 26, 2018, plaintiff shall file an
amended complaint in accordance with this memorandum.

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IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply
with this order, this matter will be dismissed 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.

Dated this 26th

day of February, 2018.

_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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