Hathaway Construction Services, Inc. v. Kassinger Development Group NC, LLC

Filing 11

ORDER on or before 7/31/13, Deft shall file response disclosing names and citizenships, if any, of all constituent members or partners of Kassinger Development Group LLC and for any such constituent members or partner that is a limited liability company or partnerships shall identify citizenships of respective constituent members or partners until all such constituents are fully identified. Signed by Magistrate Judge Dennis Howell on 7/17/13. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-133

HATHAWAY CONSTRUCTION
SERVICES, INC.,

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Plaintiff,
vs.
KASSINGER DEVELOPMENT GROUP
NC, LLC,
Defendant.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. In the Complaint (#1) filed in the matter, the Plaintiff alleges that
Defendant is a North Carolina limited liability company with its principal place of
business in Asheville, North Carolina. The Plaintiff further alleges that jurisdiction
in this matter is based upon diversity jurisdiction.
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
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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). Defendant has not yet disclosed whether the Defendant has a
constituent member or partner who is a citizen of North Carolina and therefore will
be required to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before July 31, 2013, the
Defendant 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 is a limited liability company or partnerships
shall identify the citizenships of the respective constituent members or partners
until all such constituents are fully identified.
Signed: July 17, 2013

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