Allen v. Norcold, Inc. et al
Filing
17
ORDER that on or before March 18, 2013, the Defendant Harberson RV-Pinellas, LLC shall file a response disclosing the names and citizenships (See Order for Further Detail). Signed by Magistrate Judge Dennis Howell on 02/25/2013. (thh)
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-008
FRED ALLEN,
Plaintiff,
vs.
NORCOLD, INC., HARBERSON RVPINELLAS, LLC and NEWMAR
CORPORATION,
Defendants.
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ORDER
THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction.
The Defendant Newmar Corporation removed this action from state court
based upon diversity jurisdiction (#1). In the Complaint, Plaintiff alleges that
Defendant Harberson RV-Pinellas, LLC is a corporation organized under the laws
of the state of Florida.
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
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 Harberson RV-Pinellas, 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 March 18, 2013, the
Defendant Harberson RV-Pinellas, 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 constitute member 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: February 25, 2013
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