RHKids, LLC v. Castle & Cooke Mortgage Services, LLC et al
ORDER that Chase must supplement its statement regarding removal by 2/14/2018; ECF No. 21 is vacated and defendants Castle & Cooke Mortgage Services, LLC and Elkhorn Community Association are reinstated. Signed by Judge Miranda M. Du on 2/9/2018. (Copies have been distributed pursuant to the NEF - LH)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-01907-MMD-PAL
CASTLE & COOKE MORTGAGE
SERVICES, LLC; ELKHORN COMMUNITY
ASSOCIATION; AND JPMORGAN CHASE
Defendant JPMorgan Chase Bank, NA (“Chase”) removed this case from Nevada
state court on July 12, 2017, on the basis of diversity jurisdiction.1 (ECF No. 1.) On October
18, 2017, this Court issued a notice of intent to dismiss pursuant to Federal Rule of Civil
Procedure 4(m) indicating that no proof of service had been filed as to Defendants Castle
& Cooke Mortgage Services, LLC (“Castle”) or Elkhorn Community Association (“the
HOA”) and giving the parties until November 17, 2017, to file proofs of service with the
Court. (ECF No. 20.) No proofs of service were filed in response to the notice. The Court
therefore dismissed Castle and the HOA without prejudice on December 28, 2017. (ECF
No. 21.) However, in reviewing the briefs and exhibits accompanying Plaintiff’s Motion to
Remand (ECF No. 10) and Chase’s Motion to Dismiss (ECF No. 6), the Court has found
that proofs of service for Castle and the HOA were filed in this action. (ECF No. 1-2 at 24-
Castle & Cooke Mortgage Services, LLC filed a notice of consent to
removal on July 12, 2017. (ECF No. 3.)
25; ECF No. 10 at 29.) Therefore, the Court vacates its prior order dismissing Castle and
the HOA (ECF No. 21).
However, the Court finds that Chase has not met its burden to identify the
citizenship of the parties to the action for purposes of removal. Chase asserts: “Upon
information and belief, [Castle] is incorporated in the State of Delaware, with its principal
place of business in Utah. For diversity purposes, [Castle] is a resident of Delaware and
Utah.” (ECF No. 5 at 2.) Castle is an LLC. Although corporations are citizens of any state
in which they are incorporated or have their principal place of business, "an LLC is a citizen
of every state of which its owners/members are citizens." Johnson v. Columbia Props.
Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). But as “the party asserting diversity
jurisdiction[,] [Chase] bears the burden of proof.” Kanter v. Warner-Lambert Co., 265 F.3d
853, 857-58 (9th Cir. 2001). Chase has not met its burden. Instead, Chase has yet to
identify any members of Castle or clarify whether those members are citizens of different
states than Plaintiff. Neither Chase’s petition for removal (ECF No. 1) nor its statement
regarding removal (ECF No. 5) satisfies the diversity of citizenship requirement under 28
U.S.C. § 1332(a).
It is therefore ordered that Chase must supplement its statement regarding removal
with a document that identifies the state citizenships of each member of Defendant Castle
& Cooke Mortgage Services, LLC. Chase must file the supplement within five (5) days of
the date of this Order.
It is further ordered that the Court’s prior order dismissing Castle & Cooke Mortgage
Services, LLC and Elkhorn Community Association (ECF No. 21) is vacated and that both
parties are reinstated as defendants in this action.
DATED THIS 9th day of February 2018.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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