The Wellness Group, LLC v. King Bio, Inc.

Filing 18

ORDER that on or before December 10, 2012, the Plaintiff shall file a response disclosing the names and citizenships (SEE ORDER FOR FURTHER DETAILS). Signed by Magistrate Judge Dennis Howell on 11/19/2012. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-281

THE WELLNESS GROUP, LLC,
Plaintiff,
vs.
KING BIO, INC.,
Defendant.
_______________________________

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ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction.
The Plaintiff, The Wellness Group, LLC, alleges in the Complaint (#1, ¶ 6)
that the Plaintiff is a limited liability corporation organized and existing under the
laws of the State of Pennsylvania with its principal place of business in the State of
Virginia.
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 not disclosed in its Complaint the names of the
constituent members or partners and their citizenships and therefore will be required
to do so.
IT IS, THEREFORE, ORDERED that on or before December 10, 2012,
the Plaintiff shall file a response disclosing the names and citizenships, if any, of all
the constituent members or partners of The Wellness Group, 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 19, 2012