Howell et al v. Air & Liquid Systems Corporation et al

Filing 65

ORDER that on or before August 29, 2013, the Defendants Grinnell LLC and Zurn Industries, LLC shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of the above referenced LLCs. Signed by Magistrate Judge Dennis Howell on 08/08/2013. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-100

RICHARD N. HOWELL and ESTHER
L. HOWELL, his spouse,

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Plaintiff,
vs.
AIR & LIQUID SYSTEMS
CORPORATION, individually, and as
successor-in interest to BUFFALO
PUMPS,
Defendants.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiffs, in their Complaint, have alleged that this Court has
diversity jurisdiction because Plaintiffs are citizens of the State of North Carolina
and none of the Defendants are citizens of the State of North Carolina. The
Plaintiffs have further listed as a defendant Grinnell, Inc. That entity has
responded as Grinnell LLC indicating that such defendant is a limited liability
corporation. The Plaintiffs have further alleged that one of the defendants is Zurn
Industries. That defendant has responded contending that the defendant is properly
named Zurn Industries, LLC, a limited liability corporation. Neither Grinnell, LLC
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nor Zurn Industries, LLC have alleged under which state those two defendants
have been organized.
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). Neither the Defendants Grinnell LLC nor Zurn Industries,
LLC have not yet disclosed whether they have constituent members or partners
who are citizens of North Carolina and therefore will be required to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before August 29, 2013, the
Defendants Grinnell LLC and Zurn Industries, 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 is a
limited liability company or partnerships shall identify the citizenships of the

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respective constituent members or partners until all such constituents are fully
identified.
Signed: August 8, 2013

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