Lechuga et al v. Stonelake Luxury Residences, LP et al

Filing 6

ORDER Remanding Case for lack of subject matter jurisdiction. Signed by Judge Andrew P. Gordon on 11/21/2022. (Copies have been distributed pursuant to the NEF - Certified Copy sent to court where case was remanded from - LOE)

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Case 2:22-cv-01944-APG-DJA Document 6 Filed 11/21/22 Page 1 of 1 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RODOLFO LECHUGA, et al., 4 Plaintiffs Case No.: 2:22-cv-01944-APG-DJA Order Remanding Case for Lack of Subject Matter Jurisdiction 5 v. 6 STONELAKE LUXURY RESIDENCES, LP, et al., 7 Defendants 8 9 Defendants Pinnacle Property Management Services, LLC and Nicole Ganier removed 10 this action from state court based on diversity jurisdiction. ECF No. 1. Diversity jurisdiction 11 requires complete diversity, meaning a plaintiff cannot be a citizen of the same state as any 12 defendant. Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005). By the 13 removing defendants’ own notice of removal, there is not complete diversity in this action 14 because both plaintiff Rodolfo Lechuga and defendant Nicole Ganier are Nevada citizens. ECF 15 No. 1 at 4-5.1 Consequently, I remand this action for lack of subject matter jurisdiction. 16 I THEREFORE ORDER that this action the case is remanded to the state court from 17 which it was removed. The clerk of court is instructed to close this case. 18 DATED this 21st day of November, 2022. 19 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 20 21 22 1 The removing defendants also do not identify the citizenship of the consolidated plaintiffs or the citizenship of the partners and members of the partnership and limited liability defendants. 23 See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (stating that partnerships and limited liability companies have the citizenship of their partners and members).

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