U.S. Xpress, Inc.

Filing 12

ORDER that on or before August 30, 2013, the Defendant shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of TA Operating LLC. Signed by Magistrate Judge Dennis Howell on 8/7/2013. (khm)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-142

U.S. XPRESS, INC.,

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Plaintiff,
vs.
TA OPERATING LLC,
Defendant.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiff filed its Amended Complaint (#7) in this matter alleging
jurisdiction in this Court based upon diversity jurisdiction. In the Complaint,
Plaintiff alleges that Defendant TA Operating LLC is a limited liability corporation
organized and existing under the laws of the state of Delaware.
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
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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, in its Answer, stated whether it has
constituent members or partners that are citizens and residents of the state of North
Carolina, that being the jurisdiction where the Plaintiff corporation was organized
and existing.
ORDER
IT IS, THEREFORE, ORDERED that on or before August 30, 2013, the
Defendant shall file a response disclosing the names and citizenships, if any, of all
the constituent members or partners of TA Operating 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: August 7, 2013

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