Zimmerman Ag & Cattle Company, LLC et al v. NAU Country Insurance Company

Filing 20

ORDER denying 4 Motion to Remand. Signed by Magistrate Judge Timothy J. Cavan on 9/4/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
ZIMMERMAN AG & CATTLE
COMPANY, LLC and RANDY NUNN
Plaintiffs,

CV 18-5-BLG-TJC

ORDER DENYING MOTION
TO REMAND

vs.
NAU COUNTRY INSURANCE
COMPANY,
Defendant.
This action was originally brought in the Tenth Judicial District Court,
Petroleum County, in the State of Montana. On January 12, 2018, Defendant Nau
Country Insurance Company (“Defendant”), timely removed on the basis of
diversity jurisdiction under 28 U.S.C. § 1332(a) and 1441. (Doc. 1.) Thereafter,
Plaintiffs filed a Motion to Remand. Plaintiffs argue both Defendant and Plaintiff
Zimmerman Ag & Cattle Company, LLC (“Zimmerman AG”) are Minnesota
entities, and thus, there is not complete diversity. (Doc. 4.)
Defendant filed an opposition asserting Plaintiffs misstate the criteria to
determine citizenship for a limited liability company. (Doc. 9.) Defendant
contends Zimmerman Ag is a single member entity, and the sole member, Gregory
A. Zimmerman, is a citizen of Montana. Therefore, Zimmerman Ag is considered
a citizen of Montana for purposes of diversity jurisdiction.

In reply, Plaintiffs concede that Defendant’s argument “is well-taken, and
that they accede to the jurisdiction of this Court.”1 (Doc. 14 at 2.) The Court
agrees, and finds that there is complete diversity of citizenship between the parties.
Accordingly, Plaintiffs’ Motion to Remand is DENIED.
IT IS ORDERED.
DATED this 4th day of September, 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge

1

Plaintiffs are advised that they may move to withdraw a motion at any time if
they determine there is no longer a basis for the motion.