J&P Dickey Real Estate Family Limited Partnership et al v. Northrop Grumman Guidance and Electronics Company, Inc. et al

Filing 18

ORDER that on or before 11/09/2011, the pltfs and defts shall file a response disclosing the names and citizenships, if any, of all the constituent partners of J&P Dickey Real Estate Family Limited Partnership, a Georgia Limit ed Partnership, that being all of the general and limited partners of the partnership, 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 by Magistrate Judge Dennis Howell on 10/19/11. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:11-cv-37

J&P DICKEY REAL ESTATE FAMILY
LIMITED PARTNERSHIP, a Georgia
Limited Partnership; and JERRY L.
DICKEY and wife, P-NUT DICKEY,

)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
NORTHROP GRUMMAN GUIDANCE AND)
ELECTRONICS COMPANY, INC., a
)
Delaware Corporation, f/k/a Litton
)
Systems, Inc.; and MOOG INC., a New
)
York corporation, successor by merger )
to Moog Components Group Inc.,
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction.
The defendants removed this action from state court based upon diversity
jurisdiction (#1). In the Complaint, plaintiffs’ allege that “Plaintiff J&P Dickey
Real Estate Family Limited Partnership (hereinafter, ‘J&P’) is a Georgia Limited
Partnership owning property in Cherokee County, North Carolina”. Complt. ¶ 1.
Plaintiff does not allege the names and addresses of all of the partners, either
general partners or limited partners. Defendants removed the plaintiffs’ Complaint

from state court and allege as follows: “Upon information and belief, the plaintiff,
J&P Dickey Real Estate Family Limited Partnership (‘J&P’) is and at all relevant
times has been, either a citizen of Georgia, as plaintiffs assert, or a citizen of North
Carolina where Jerry and P-Nut Dickey-the likely, though unidentified- members of
the partnership live.”
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 (4 th 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."). Citizenship of a limited
partnership is determined by considering citizenship of all of its partners, both
general and limited, New York State Teachers Retirement System v Kalkus, 764
F.2d 1015 (4 th Cir. 1985), Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct.
1015, 108 L.Ed.2d 157 (1990). Plaintiffs did not disclose in their Complaint where
the constituent members or partners of the plaintiffs reside or have their citizenship
nor have defendants disclosed in their Notice of Removal the names and citizenship
of the general and limited partners and the parties will be required to do so.

ORDER
IT IS, THEREFORE, ORDERED that on or before November 9, 2011, the
plaintiffs and defendants shall file a response disclosing the names and citizenships,
if any, of all the constituent partners of J&P Dickey Real Estate Family Limited
Partnership, a Georgia Limited Partnership, that being all of the general and limited
partners of the partnership, 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 19, 2011