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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARIO IGLESIAS; SANDRA TOLESANO,
Plaintiffs,

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Case No. 2:17-cv-02931-MMD-VCF
ORDER

v.
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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,

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Defendants.
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Defendants seek to remove this case on the basis of diversity jurisdiction. (ECF No.
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1 at 2.) District courts have original jurisdiction over civil actions between citizens of
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different states with an amount in controversy greater than $75,000. 28 U.S.C. § 1332(a).
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One of the parties in this action is a limited liability company (“LLC”). Although corporations
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are citizens of any state in which they are incorporated or have their principal place of
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business under 28 U.S.C. § 1332(c)(1), “an LLC is a citizen of every state of which its

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owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894,
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899 (9th Cir. 2006). As the party asserting diversity jurisdiction, Defendants bear the
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burden of proof. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001).
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Defendants have not met their burden because Defendants have failed to identify any
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members of the LLC or describe whether those members are citizens of different states
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than the opposing party. It is therefore ordered that within ten (10) days of the date of this
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Order, Defendants must supplement their petition for removal with a document that

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identifies the state citizenships of each member of the LLC.

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DATED THIS 29th day of November 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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