Great Oak NC Lender, LLC v. Cornblum et al

Filing 66

ORDER to Disclose Citizenship of Constituent Members, to be filed on or before 3/19/14. Signed by Magistrate Judge Dennis Howell on 3/5/2014. (khm)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:12-cv-34
GREAT OAK NC LENDER, LLC,

)
)
Plaintiff,
)
)
vs.
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)
MARSHALL E. CORNBLUM and wife, )
MADELINE H. CORNBLUM; MICHAEL )
CORNBLUM and wife, CAROLYN
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CORNBLUM; and LONGBRANCH
)
PROPERTIES, LLC,
)
)
Defendants.
)
_______________________________)

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. In the Complaint (#52) the Plaintiff has alleged that it is a Delaware
limited liability company and its sole member is Great Oak Pool I, LLC, which is
also a Delaware limited liability company. The Plaintiff further alleges that the
Defendant Longbranch Properties, LLC is a North Carolina limited liability
company and makes allegations concerning the membership of the company but
those allegations are made upon “information and belief”.
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),
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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 not disclosed, in the Complaint (#52), all of
the constituent members or partners, including those of Great Oak Pool I, LLC
and therefore will be required to do so.
ORDER
IT IS, THEREFORE, ORDERED that on or before March 19, 2014, the
Plaintiff shall file a response disclosing the names and citizenships, if any, of all
the constituent members or partners of the above Great Oak NC Lender, LLC and
for any such constituent members or partners that is a limited liability company or
partnership to identify the citizenships of the respective constituent members or
partners until all such constituents are fully identified.
Signed: March 5, 2014

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