Goellner-Grant et al v. JLG Industries, Inc. et al

Filing 24

MEMORANDUM AND ORDER.IT IS HEREBY ORDERED that, by May 23, 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 b e 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 5/23/2018. Signed by District Judge Stephen N. Limbaugh, Jr on 4/23/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RENEE GOELLNER-GRANT, et al.,

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Plaintiffs,
v.
JLG INDUSTRIES, INC., et al.,
Defendants.

Case No. 4:18cv342 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. One defendant is a Limited
Liability Company (“LLC”). 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 LLC defendant to
determine whether diversity jurisdiction exists. The Complaint contains no allegations
concerning the members of the LLC.
Accordingly,
IT IS HEREBY ORDERED that, by May 23, 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

23rd day of April, 2018.

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

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