Silver-Line Plastics Corporation v. Rheogistics, LLC

Filing 30

ORDER that on or before ten business days from entry of this Order, the Defendant shall file response disclosing the names and citizenship, if any, of all its constituent members or partners, and, for any such constituent memb ers or partners that are limited liability companies or partnerships, to identify the citizenship of the respective constituent members or partners until all such constituents are fully identified. Signed by Magistrate Judge Dennis Howell on July 19, 2010. (jhg)

Silver-Line Plastics Corporation v. Rheogistics, LLC

Doc. 30

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION C IV IL CASE NO. 1:09cv189

S IL V E R -L IN E PLASTICS CORPORATION, a North Carolina Corporation, P l a i n t if f , vs . R H E O G IS TIC S , LLC, a Mississippi L im ite d Liability Company, D e fen d a n t.

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ORDER

TH IS MATTER is before the Court sua sponte to ascertain subject m a tte r jurisdiction. T h e Defendant removed this action from state court based on d ive rs ity jurisdiction. [Doc. 1, at 1]. In the complaint, the Plaintiff alleges th a t the Defendant is a limited liability company organized and existing u n d e r the law of Mississippi. [Doc. 1-1, at 4]. In the notice of removal, the D e fe n d a n t alleges that it is a Delaware limited liability corporation with its p rin c ip a l place of business in Mississippi. [Doc. 1, at 1]. It thus claims that it is a resident of both Delaware and Mississippi for purposes of jurisdiction.

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[Id.]. C o u rts have an affirmative duty to question subject matter jurisdiction e ve n when the parties have not done so. Interstate Petroleum Corp. v. M o rg a n , 249 F.3d 215 (4 th Cir. 2001); Plyer v. Moore, 129 F.3d 728, 732 n .6 (4th Cir. 1997),certiorari denied 524 U.S. 945, 118 S.Ct. 2359, 141 L .E d .2 d 727 (1998); 28 U.S.C. §1447(c)("If at any time before final ju d g m e n t it appears that the district court lacks subject matter jurisdiction, th e case shall be remanded."). A limited liability company is a citizen of all s ta te s in which its constituent members are citizens. Carden v. Arkoma A s s o c ia te s , 494 U.S. 185, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990). The D e fe n d a n t has not disclosed in the notice of removal whether it has c o n s titu e n t members or partners and therefore will be required to do so. IT IS, THEREFORE, ORDERED that on or before ten business days fro m entry of this Order, the Defendant shall file response disclosing the n a m e s and citizenship, if any, of all its constituent members or partners, a n d , for any such constituent members or partners that are limited liability c o m p a n ie s or partnerships, to identify the citizenship of the respective c o n s titu e n t members or partners until all such constituents are fully id e n tifie d .

Signed: July 19, 2010