Wilkins et al v. Belmont Industries Inc. et al
Filing
68
ORDER on or before 11/25/13, Defts Grinnell LLC and Sterling Fluid Systems (USA) LLC shall file response disclosing names and citizenships, if any, of all constituent members or partners of above referenced LLCs, and for any s uch constituent members or partners that are limited liability companies 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 10/23/13. (ejb)
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-165
JOSEPH M. WILKINS and MARY
ANNE WILKINS,
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Plaintiffs,
vs.
BELMONT INDUSTRIES INC., et al.,
Defendants.
_______________________________
ORDER
THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiffs have filed this action alleging jurisdiction in this Court
based upon diversity jurisdiction (#1). In the Complaint, Plaintiffs alleges that
Defendant Grinnell LLC is a corporation organized and existing under the laws of
the state of New Hampshire and Sterling Fluid Systems (USA) LLC is a
corporation organized and existing under the law 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
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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). There has not been disclosed in the Complaint whether
Defendants Grinnell LLC or Sterling Fluid Systems (USA) LLC have constituent
members or partners and the addresses of those constituent members or partners
and therefore will be required to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before November 25, 2013,
the Defendants Grinnell LLC and Sterling Fluid Systems (USA) 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 are limited liability companies or partnerships shall
identify the citizenships of the respective constituent members or partners until all
such constituents are fully identified.
Signed: October 23, 2013
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