Wagner et al v. George et al

Filing 5

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that, by February 20, 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 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. Amended/Supplemental Pleadings due by 2/20/2018. Signed by District Judge Stephen N. Limbaugh, Jr on 1/30/18. (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
This matter is before the Court upon assignment to the undersigned. 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). “A plaintiff who seeks to invoke diversity jurisdiction
of the federal courts must plead citizenship distinctly and affirmatively.” 15 James Wm.
Moore, et al., Moore’s Federal Practice § 102.31 (3d ed. 2010).
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 matter in controversy exceeds the sum of $75,000. Two defendants are Limited
Liability Companies (“LLCs”). 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

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Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
Thus, the Court must examine the citizenship of each member of the plaintiff to
determine whether diversity jurisdiction exists. The Complaint contains no allegations
concerning the members of the LLCs.
Accordingly,
IT IS HEREBY ORDERED that, by February 20, 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 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

30th

day of January, 2018.

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

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