Outer Banks Beach Club Association, Inc. et al v. Fesitva Resorts Adventure Club Members' Association, Inc. et al

Filing 31

ORDER re: Defendant Festiva Development Group, LLC shall file a Response on or before November 28, 2012. Signed by Magistrate Judge Dennis Howell on 11/8/12. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-246

OUTER BANKS BEACH CLUB
)
ASSOCIATION, INC. and OUTER BANKS )
BEACH CLUB II OWNER’S
)
ASSOCIATION, INC.,
)
)
Plaintiff,
)
)
vs.
)
)
FESTIVA RESORTS ADVENTURE
)
CLUB MEMBERS’ ASSOCIATION, INC. )
INTERVAL ASSETS, INC., FESTIVA
)
DEVELOPMENT GROUP, LLC, a
)
Nevada limited liability company and
)
JOHN DOES 1-X to be added as
)
appropriate,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiff filed this Complaint (#1) based upon diversity
jurisdiction. In the Complaint, the Plaintiff alleges that Festiva Development
Group, LLC is a Nevada limited liability company transacting business in the state
of North Carolina. The Defendant has admitted that allegation.
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 Defendant Festiva Development Group, LLC has not disclosed
whether it has constituent members or partners and where those constituent
members or partners have their citizenship and therefore will be required to do so.
IT IS, THEREFORE, ORDERED that on or before November 28, 2012,
the Defendant Festiva Development Group, LLC shall file a response disclosing the
names and citizenships of all the constituent members or partners of Festiva
Development Group, LLC and to identify the citizenships of the respective
constituent members or partners until all such constituents are fully identified.

Signed: November 8, 2012