Iglesias et al v. Johnson et al

Filing 7

ORDER directing Defendants, within 10 days, to supplement their petition for removal with a document that identifies the state citizenships of each member of the LLC. Signed by Judge Miranda M. Du on 11/29/2017. (Copies have been distributed pursuant to the NEF - KR)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 MARIO IGLESIAS; SANDRA TOLESANO, Plaintiffs, 10 Case No. 2:17-cv-02931-MMD-VCF ORDER v. 11 12 13 MICHAEL TROY JOHNSON; PILOT TRAVEL CENTERS LLC, a foreign Limited Liability company; DOES I through XX, inclusive; and ROE BUSINESS ENTITIES I through XX, inclusive, 14 Defendants. 15 16 Defendants seek to remove this case on the basis of diversity jurisdiction. (ECF No. 17 1 at 2.) District courts have original jurisdiction over civil actions between citizens of 18 different states with an amount in controversy greater than $75,000. 28 U.S.C. § 1332(a). 19 One of the parties in this action is a limited liability company (“LLC”). Although corporations 20 are citizens of any state in which they are incorporated or have their principal place of 21 business under 28 U.S.C. § 1332(c)(1), “an LLC is a citizen of every state of which its 22 owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 23 899 (9th Cir. 2006). As the party asserting diversity jurisdiction, Defendants bear the 24 burden of proof. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001). 25 Defendants have not met their burden because Defendants have failed to identify any 26 members of the LLC or describe whether those members are citizens of different states 27 than the opposing party. It is therefore ordered that within ten (10) days of the date of this 28 1 Order, Defendants must supplement their petition for removal with a document that 2 identifies the state citizenships of each member of the LLC. 3 DATED THIS 29th day of November 2017. 4 5 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?