Bradley v. Baxter Healthcare Corporation et al
Filing
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ORDER that on or before April 1, 2013, the Defendant Pharmacia & Upjohn Company, L.L.C. shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of the above referenced LL C and for any such constituent members or partner that are limited liability companys 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 3/14/13. (nll)
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-312
EUGENE ALLEN BRADLEY,
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Plaintiff,
vs.
BAXTER HEALTHCARE
CORPORATION and PHARMACIA &
UPJOHN COMPANY, LLC.,
Defendants.
_______________________________
ORDER
THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Defendant Pharmacia & Upjohn Company, LLC is alleged by the
Plaintiff in the Plaintiff’s Complaint (#1) to be a limited liability company
organized and duly incorporated in a state other than the state of North Carolina
and is and was a limited liability company formed in the state of Delaware (#1, ¶¶
3a and b).
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 (4th 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
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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).
ORDER
IT IS, THEREFORE, ORDERED that on or before April 1, 2013, the
Defendant Pharmacia & Upjohn Company, L.L.C. 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 partner that are
limited liability companys or partnerships to identify the citizenships of the
respective constituent members or partners until all such constituents are fully
identified.
Signed: March 14, 2013
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