Nutrient Foods LLC v. The Richards Group Inc

Filing 6

ORDER directing Defendant within 10 days to supplement its petition for removal with a document that identifies the state citizenships of each member of the LLC Plaintiff. Signed by Judge Miranda M. Du on 7/19/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 11 12 13 14 15 Case No. 2:17-cv-00434-MMD-WGC 3:17-cv-00434-MMD-WGC NUTRIENT FOODS, LLC, Plaintiff, ORDER v. THE RICHARDS GROUP, INC., a Texas Corporation, and DOES I-X inclusive, Defendants. 16 17 Defendant The Richards Group, Inc. (“Defendant”) removed this case on the basis 18 of diversity jurisdiction. District courts have original jurisdiction over civil actions between 19 citizens of different states and where the amount in controversy is greater than $75,000. 20 28 U.S.C. § 1332(a). Plaintiff in this action, Nutrient Foods, LLC, is a limited liability 21 company. Although corporations are citizens of any state in which they are incorporated 22 or have their principal place of business, "an LLC is a citizen of every state of which its 23 owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 24 899 (9th Cir. 2006). Moreover, “the party asserting diversity jurisdiction bears the burden 25 of proof." Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001). 26 Defendant has not met this burden because it has failed to identify any members 27 of the LLC of Nutrient Foods, or clarify whether those members are citizens of different 28 states than the opposing party. It is therefore ordered that within ten (10) days of the date 1 of this Order, Defendant must supplement its petition for removal with a document that 2 identifies the state citizenships of each member of the LLC Plaintiff. 3 DATED THIS 19th day of July 2017. 4 5 6 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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