Beverly et al v. Sugar Mountain Ski Resort, LLC et al

Filing 9

ORDER to Disclose Citizenship of Constituent Members, to be filed on or before 2/08/2015. Signed by Magistrate Judge Dennis Howell on 1/12/15. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14-cv-321

DEBRA BEVERLY & ALTON
BEVERLY,

)
)
)
Plaintiffs,
)
)
vs.
)
)
SUGAR MOUNTAIN RESORT, INC. & )
SUGAR MOUNTAIN SKI RESORT,
)
LLC,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiffs have filed their Complaint in this Court alleging
jurisdiction arises based upon diversity jurisdiction (#1). In the Complaint,
Plaintiffs allege that Defendant Sugar Mountain Ski Resort, LLC is a limited
liability company formed under the laws of the state of North Carolina having its
principal place of business in Avery County, 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
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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). The Defendant Sugar Mountain Ski Resort, LLC has not
disclosed, in its Answer, whether or not the limited liability company has
constitute members or partners and their citizenships and therefore will be required
to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before February 8, 2015, the
Defendant Sugar Mountain Ski Resort, LLC shall file a response disclosing the
names and citizenships, if any, of all the constituent members or partners of Sugar
Mountain Ski Resort, 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: January 12, 2015

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