Plasticard Locktech International, LLP v. Cogistix, LLC

Filing 11

ORDER that on or before October 17, 2016, Pla shall file a response disclosing the names and citizenships, if any, of all the partners of Plasticard Locktech International, LLC and by October 17, 2016, Dft shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of the Defendant Cogistix, LLC. See Order for further details. Signed by Magistrate Judge Dennis Howell on 9/26/2016. (kby)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-218

PLASTICARD LOCKTECH
INTERNATIONAL, LLC,

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Plaintiff,
vs.
COGISTIX, LLC,
Defendant.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Plaintiff filed this action in this Court alleging that this Court had
jurisdiction based upon diversity jurisdiction. In the Complaint (#1), Plaintiff
alleges it is a limited liability partnership organized and existing under the laws of
the state of North Carolina and the Defendant is a limited liability company
organized and existing under the laws of the state of Ohio.
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). Neither the Plaintiff nor the Defendant has not disclosed in
the Complaint or the Answer whether they have constituent members or partners,
and the citizenships of those member or partners and therefore will be required to
do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before October 17, 2016, the
Plaintiff shall file a response disclosing the names and citizenships, if any, of all
the partners of Plasticard Locktech International, LLC and by October 17, 2016,
the Defendant shall file a response disclosing the names and citizenships, if any, of
all the constituent members or partners of the Defendant Cogistix, LLC. For any
such constituent members or partners that are limited liability companies or
partnerships, both the Plaintiff and the Defendant are directed to identify the
partnerships of the respective constituent members or partners until all such
constituents are fully identified.
Signed: September 26, 2016

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