Lechuga et al v. Stonelake Luxury Residences, LP et al
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)
Case 2:22-cv-01944-APG-DJA Document 6 Filed 11/21/22 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
3 RODOLFO LECHUGA, et al.,
Case No.: 2:22-cv-01944-APG-DJA
Order Remanding Case for Lack of
Subject Matter Jurisdiction
6 STONELAKE LUXURY RESIDENCES, LP,
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.
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.
DATED this 21st day of November, 2022.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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.
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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