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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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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.

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Defendant The Richards Group, Inc. (“Defendant”) removed this case on the basis

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of diversity jurisdiction. District courts have original jurisdiction over civil actions between

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citizens of different states and where the amount in controversy is greater than $75,000.

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28 U.S.C. § 1332(a). Plaintiff in this action, Nutrient Foods, LLC, is a limited liability

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company. Although corporations are citizens of any state in which they are incorporated

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or have their principal place of business, "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). Moreover, “the party asserting diversity jurisdiction bears the burden

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of proof." Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001).

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Defendant has not met this burden because it has failed to identify any members

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of the LLC of Nutrient Foods, or clarify whether those members are citizens of different

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states than the opposing party. It is therefore ordered that within ten (10) days of the date

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of this Order, Defendant must supplement its petition for removal with a document that

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identifies the state citizenships of each member of the LLC Plaintiff.

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DATED THIS 19th day of July 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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