Watson et al v. U.S. Gear Tools, Inc. et al

Filing 13

ORDER that on or before December 15, 2012, the Defendant Micromatic LLC shall file a response disclosing the names and citizenships (See Order for Further Details). Signed by Magistrate Judge Dennis Howell on 11/27/2012. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-337

TERESA WATSON and RICHARD
WATSON,
Plaintiffs,
vs.
U.S. GEAR TOOLS, INC. and
MICROMATIC LLC,
Defendants.
_______________________________

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction.
The Defendant Micromatic LLC, removed this action from state court based
upon diversity jurisdiction (#1). In the Complaint, Plaintiffs’ allege that
Micromatic LLC is a corporation organized under the laws of the state of Delaware
with its principal place of business in the state of Indiana. In the Notice of
Removal, Micromatic LLC states it is a citizen of Illinois, Indiana, Michigan and
Ohio because it is a Delaware limited liability company, the members of which are
citizens of these four states. (#1)
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 Defendants has disclosed in their Notice of Removal 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 15, 2012,
the Defendant Micromatic LLC shall file a response disclosing the names and
citizenships, if any, of all the constituent members or partners of the above
referenced LLC’s, 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