34 Franklin Street, LLC v. Grace Fellowship of Nashua, Inc.

Filing 13

ORDER denying 7 Motion to Dismiss by Grace Fellowship of Nashua, Inc. So Ordered by Judge Joseph N. Laplante. (jb)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

34 Franklin Street, LLC v. Grace Fellowship of Nashua, Inc. ORDER The defendant's motion to dismiss on the basis of an absence of diversity (document no. 7) is DENIED. diversity between the parties. There is complete Civil No. 08-cv-00478-JL

The defendant is a New Hampshire See Diaz-Rodriguez v. The plaintiff

corporation operating in New Hampshire.

Pep Boys Corp., 410 F.3d 56, 61 (1st Cir. 2005).

is a Delaware limited liability company whose sole member is a Delaware limited partnership. (1st Cir. 2006). See Pramco, 435 F.3d 51, 54-55

Further, none of the general or limited

partners of that limited partnership are citizens of New Hampshire. See id. at 54; Meyerson v. Harrah's E. Chicago

Casino, 299 F.3d 616, 617 (7th Cir. 2002) ("the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be").

SO ORDERED.

Joseph N. Laplante United States District Judge Dated: cc: April 2, 2009

Alexander G. Rheaume, Esq. Dennis E. McKenna, Esq. John F. Bisson, Esq.

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