Galloway et al v. Up Dish Services, LLC

Filing 17

ORDER to Disclose Citizenship of Constituent Members, to be filed on or before 11/01/2017. Signed by Magistrate Judge Dennis Howell on 10/03/2017. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-199

TONY GALLOWAY, et al,

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Plaintiff(s),
vs.
UPDISH SERVICES, LLC,

Defendant.
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ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Defendant Up Dish Services, LLC, removed this action from
state court based upon diversity jurisdiction (#1). In the Notice of Removal (#1),
the Defendant alleges that it is a Delaware Limited Liability Company with its
principal office in the state of Tennessee. The Defendant further alleges that the
Plaintiffs are citizens and residents of Henderson County, North Carolina and thus
there is complete diversity in this matter.
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
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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 Defendant has not disclosed in their Notice of Removal
whether the constituent members or partners of its members are North Carolina
residents and therefore will be required to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before November 1, 2017,
the Defendant shall file a response disclosing the names and citizenships, if any, of
all the constituent members or partners of the above referenced 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: October 3, 2017

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