Federal Insurance Company v. Omega Flex, Inc. et al

Filing 74

ORDER that on or before July 14, 2014, the Defendant, S. Fox Electric, LLC, shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of S. Fox Electric, LLC and for any su ch constituent members or partners that are limited liability companies or partnerships, to identify the citizenships of the respective constituent members or partners until all such constituents are fully identified. Signed by Magistrate Judge Dennis Howell on 6/23/14. (nv)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-276

FEDERAL INSURANCE COMPANY,

)
)
Plaintiff,
)
)
vs.
)
)
OMEGA FLEX, INC., RB’S GAS, INC., )
SI ENTERPRISES, INC., McNUTT
)
SERVICES GROUP, INC., S. FOX
)
ELECTRIC, LLC,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. Although not stated in the Plaintiff’s Amended Complaint, it appears
that the Plaintiff is contending that there is jurisdiction in this Court 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). The Defendant, S. Fox Electric, LLC, has not disclosed
whether it has constituent members or partners and therefore will be required to do
so.
ORDER
IT IS, THEREFORE, ORDERED that on or before July 14, 2014, the
Defendant, S. Fox Electric, LLC, shall file a response disclosing the names and
citizenships, if any, of all the constituent members or partners of S. Fox Electric,
LLC and for any such constituent members or partners that are limited liability
companies or partnerships, to identify the citizenships of the respective constituent
members or partners until all such constituents are fully identified.

Signed: June 23, 2014

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