Capital Bank, N.A. v. Bright's Creek Lot 71, LLC et al

Filing 7

ORDER that on or before 08/08/2013, the Defendant Brights Creek Lot 71, LLC shall file a response disclosing the names and citizenships. Signed by Magistrate Judge Dennis Howell on 07/18/2013. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-146

CAPTIAL BANK, N.A.,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
BRIGHT’S CREEK LOT 71, LLC and
SAMUEL LANCELOTTA,
Defendants.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Defendant Bright’s Creek Lot 71, LLC and the Defendant
Samuel Lancelotta have removed this action from state court based upon diversity
jurisdiction (#1-1). In the Complaint, Plaintiff alleges that Defendant Bright’s
Creek Lot 71, LLC is a limited liability company duly organized under the laws of
the state of Maryland and doing business in the state of North Carolina.
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
1

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). Defendant Bright’s Creek Lot 71, LLC has not yet disclosed
whether it 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 August 8, 2013, the
Defendant Bright’s Creek Lot 71, 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 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 18, 2013

2