Lewis v. Chevron Corporation, Patterson-UTI Drilling Company LLC
Filing
20
ORDER TO SHOW CAUSE by Magistrate Judge Steven C. Yarbrough. (kfo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHNNY LEWIS,
Plaintiff,
vs.
Civ. No. 24-706 KK/SCY
CHEVRON CORPORATION and PATTERSONUTI DRILLING COMPANY LLC,
Defendants.
ORDER TO SHOW CAUSE
This matter comes before the Court sua sponte, following Plaintiff’s second amended
complaint, Doc. 17.
On January 13, the Court ordered Plaintiff to file a second amended complaint because
the first amended complaint did not contain allegations sufficient to invoke the Court’s subject
matter jurisdiction. Doc. 16. The Court noted that the first amended complaint alleged that
“Defendant Patterson-UTI Drilling Company LLC is a Texas corporation.” Doc. 16 at 2 (citing
Doc. 4 ¶¶ 1-3). The Court informed Plaintiff:
Further, both complaints are deficient in alleging the citizenship of Patterson-UTI
Drilling Company LLC. Determining the citizenship of an unincorporated entity
such as limited liability company (LLC) is different from determining the
citizenship of a corporation. An LLC is a citizen of each and every state in which
any member is a citizen. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781
F.3d 1233, 1237-38 (10th Cir. 2015) (the standard requiring determination of
citizenship of all members applies to any “non-corporate artificial entity”).
Plaintiff’s amended complaint does not provide any information as to the
citizenship of the members even though Defendant Patterson-UTI Drilling
Company LLC appears by name to be an LLC.
Id. The Court ordered Plaintiff to amend the complaint by January 27, 2025. Id. at 4.
The second amended complaint does not address the defect identified in the January 13
Order. It alleges that:
Defendant, PATTERSON-UTI DRILLING COMPANY LLC (hereinafter
“Patterson”) is a foreign a limited liability company incorporated in the State of
Texas with its principal place of business located at 4510 Lamesa Hwy., Snyder,
TX 79549, and does business in Eddy County, New Mexico.
Doc. 17 ¶ 3.
Place of incorporation and principal place of business do not determine the citizenship of
unincorporated entities like LLCs. Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d
1233, 1237-38 (10th Cir. 2015). The second amended complaint includes no explanation for
failing to follow the Court’s instructions to allege the citizenship of the LLC members. It fails to
allege a basis to invoke the Court’s subject-matter jurisdiction based on diversity of citizenship.
Plaintiff is therefore ordered to show cause as to why the Court should not exercise its
sua sponte duty to dismiss for lack of subject-matter jurisdiction. See Tuck v. United States Auto.
Ass’n, 859 F.2d 842, 844 (10th Cir. 1988).
IT IS HEREBY ORDERED that Plaintiff show cause in writing why this case should
not be dismissed, no later than February 11, 2025. Failure to respond to this order may result in
dismissal without further notice.
____________________________________
STEVEN C. YARBROUGH
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?