DLL Finance LLC v. Bright's Creek Golf Club, LLC et al

Filing 26

ORDER that on or before 3/3/2017, the Plaintiff and Defendants shall file a response disclosing the names and citizenships, if any, of all the constituent members or partners of the above referenced LLCs and for any such const ituent 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 2/10/2017. (khm)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-282

DLL FINANCE LLC formerly known as )
Agriecredit Acceptance LLC,
)
)
Plaintiff,
)
)
vs.
)
)
BRIGHT’S CREEK GOLF CLUB, LLC, )
ALIANZA TRINITY HOLDINGS LLC )
And MARC RUDOW as receiver of the )
Assets of Bright’s Creek Golf Club, LLC, )
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. In the Complaint (#1), Plaintiff alleges there is subject matter
jurisdiction in this matter, pursuant to 28 U.S.C. § 1332(a) because there is
diversity of citizenship among the parties and the matter in controversy exceeds
$75,000. The Plaintiff further alleges that the Plaintiff is a Delaware limited
liability company and the Defendant Bright’s Creek Golf Club, LLC is a North
Carolina limited liability company and Alianza Trinity Holdings LLC is a Florida
limited liability company.
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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
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 Plaintiff has alleged in the Plaintiff’s Complaint by
information and belief, the various citizenships of Defendants. However, both the
Plaintiff and Defendants will now be required to disclose the citizenships of their
constituent members or partners.
ORDER
IT IS, THEREFORE, ORDERED that on or before March 3, 2017, the
Plaintiff and Defendants 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 to identify the citizenships of the respective
constituent members or partners until all such constituents are fully identified.

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Signed: February 10, 2017

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