Kingsley v. Brenda and Gene Lummus Inc et al

Filing 29

ORDER re 26 Amended Complaint: that on or before December 2, 2011, the defendant TRL Motor Sports, LLC shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of the above referenced LLC, and, for any such constituent member or partner that are limited liability companies or partnerships, to identify the citizenships of the respective constituent members or partners until all such constituents are fully identified. Signed by Magistrate Judge Dennis Howell on 11/17/11. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-32

JESSICA KINGSLEY, Personal
)
Representative of the Estate of Julie L. )
Smith, a/k/a Julie Lynn Kingsley-Smith, )
)
Plaintiff,
)
)
vs.
)
)
BRENDA AND GENE LUMMUS, INC.,
)
d/b/a Ghost Town Harley Davidson; and )
GENE LUMMUS HARLEY DAVIDSON,
)
INC., d/b/a Ghost Town Harley
)
Davidson,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. In the amended Complaint, the plaintiff has attempted to allege a cause
of action by way of supplementation against TRL Motor Sports, LLC. In the
pleading, plaintiff has alleged that TRL Motor Sports, LLC is a Limited Liability
Corporation organized and existing under the laws of the state of North Carolina.
(Doc. 26, ¶ 38).
Courts have an affirmative duty to question subject matter jurisdiction even
when the parties have not done so. Interstate Petroleum Corp. v. Morgan, 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.Ed.2d 727 (1998); 28 U.S.C.
§1447(c)("If at any time before final judgment it appears that the district court lacks
subject matter jurisdiction, the case shall be remanded."). A limited liability
company is a citizen of all states in which its constituent members are citizens.
Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1015, 108 L.Ed.2d 157
(1990). The court will order that the defendant TRL Motor Sports, LLC give the
name and citizenship of each member or TRL Motor Sports, LLC.
IT IS, THEREFORE, ORDERED that on or before December 2, 2011, the
defendant TRL Motor Sports, LLC shall file a response disclosing the names and
citizenships, if any, of all the constituent members or partners of the above
referenced LLC, and, for any such constituent member or partner that are limited
liability companies or partnerships, to identify the citizenships of the respective
constituent members or partners until all such constituents are fully identified.

Signed: November 17, 2011