Cheema Investments, LLC v. Tamko Building Products, Inc.

Filing 10

ORDER. On or before May 19, 2014, the plaintiff shall file a Corporate Disclosure Statement for civil cases. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHEEMA INVESTMENTS, LLC,
Plaintiff,

4:14CV3067

vs.
ORDER
TAMKO BUILDING PRODUCTS, INC., a
Missouri corporation;
Defendant.
The plaintiff’s complaint, originally filed in the District Court for Scotts Bluff County,
Nebraska, was removed to this forum on March 28, 2014. The defendant claims this court has
diversity jurisdiction because:


the plaintiff is a Nebraska Limited Liability Corporation with its principal place of
business in Scotts Bluff County, Nebraska, and is therefore a Nebraska citizen



the defendant is a Missouri corporation with its principal place of business located in
Joplin, Missouri, and is therefore a Missouri citizen; and



the amount in controversy exceeds $75,000.

(Filing No. 1, at CM/ECF p. 2). See 28 U.S.C. § 1332(a). The plaintiff has moved to remand,
asserting the amount in controversy is less than $75,000. (Filing No. 7).
The parties have agreed that complete diversity of citizenship exists. However, the
plaintiff is an LLC, and the citizenship of an LLC is determined by the citizenship of its
members. GMAC Commercial Credit LLC v. Dillard Dept. Stores, Inc., 357 F.3d 827 (8th Cir.
2004).

The court has located nothing of record identifying plaintiff’s members and their

citizenship, and cannot determine if complete diversity exists. The court will not issue an
opinion on the plaintiff’s motion for remand until the record is complete. Accordingly,
IT IS ORDERED that on or before May 19, 2014, the plaintiff shall file a Corporate
Disclosure Statement for civil cases, a copy of which is attached.
May 9, 2014.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

NEDC Corporate Disclosure Statement pursuant to Fed. R. Civ. P. 7.1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

_________________________________, )
)
Plaintiff(s),
)
)
v.
)
)
_________________________________, )
)
Defendant(s).
)

CASE NO. ___________________

DISCLOSURE OF CORPORATE AFFILIATIONS,
FINANCIAL INTEREST, AND BUSINESS ENTITY CITIZENSHIP
Pursuant to Federal Rule of Civil Procedure 7.1 and GMAC Commercial Credit
LLC v. Dillard Department Stores, Inc., 357 F.3d 827, 828 (8th Cir. 2004), _____________
_________________________________, makes the following disclosures concerning
parent
(Party Name)

companies, subsidiaries, partners, limited liability entity members and managers, affiliates,
and
similar entities, as well as unincorporated associations or similar entities.
[INSTRUCTIONS: Check the applicable box or boxes, and fill in any required information.]
This party is an individual.

This party is a publicly held corporation or other publicly held entity.

This party has parent corporations
If yes, identify all parent corporations, including grandparent and greatgrandparent corporations:

NEDC Corporate Disclosure Statement pursuant to Fed. R. Civ. P. 7.1

Ten percent or more of the stock of a party is owned by a publicly held
corporation or other publicly held entity.

If yes, identify all such owners:
Another publicly held corporation or another publicly held entity has a direct
financial interest in the outcome of the litigation.
If yes, identify all corporations or entities and the nature of their
interest:
This party is a limited liability company or limited liability partnership.
If yes, identify each member of the entity and the member’s state of
citizenship:
This party is an unincorporated association or entity.
If yes, identify the members of the entity and their states of citizenship:
Additional information:

Date: _____________________________ _______________________________
(Signature)

CERTIFICATE OF SERVICE
I hereby certify that on _______________________, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system, which will send notification of such
filing to the following:____________________________________________________,

and I hereby certify that I have mailed by United States Postal Service the document to
the following CM/ECF participants: _________________________________________.

s/______________________________