American Automobile Insurance Company v. 4449 Holdings et al

Filing 41

ORDER to ascertain subject matter jurisdiction; Deft 4449 Holdings, LLC to file response on or before 12/10/2012. Signed by Magistrate Judge Dennis Howell on 11/27/12. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-332

AMERICAN AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,
vs.
HOWARD JACOBS, an individual;
JAMES ARMOUR, an individual; and
4449 HOLDINGS, LLC, a Limited
Liability Corporation,
Defendants.
_______________________________

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ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction.
The Plaintiff alleges in the Complaint (#1) that the Defendant 4449 Holdings,
LLC is a limited liability company organized and existing under the laws of the
State of Florida and doing business in the state of North Carolina.
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 Plaintiff has disclosed some information regarding the constituent
members or partners but has not provided enough information from which this court
can determine whether or not there is diversity jurisdiction. .
IT IS, THEREFORE, ORDERED that on or before December 10, 2012,
the Defendant 4449 Holdings, 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 members or partners 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 27, 2012