Diamond Falls Estates, LLC et al v. Nantahala Bank & Trust Company et al

Filing 22

ORDER that the Plaintiffs Disclose Citizenship of Constituent Members or partners of Diamond Falls Estates, LLC, to be filed on or before 5/16/14. Signed by Magistrate Judge Dennis Howell on 4/23/14. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14-cv-007

DIAMOND FALLS ESTATES, LLC,
SHIRLEY M. BUAFO, and CHARLES
K. BUAFO,

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Plaintiffs,
vs.
NANTAHALA BANK & TRUST
COMPANY, STEVE E. GRAVETT,
EXCELL PARTNERS, LLC, and
JOHN/JANE DOES,
Defendants.
_______________________________

ORDER

THIS MATTER is before the Court sua sponte to ascertain subject matter
jurisdiction. The Defendants Steve E. Gravett and Excell Partners, LLC removed
this action from state court based upon diversity jurisdiction (#1). In the
Complaint, Plaintiffs allege that Diamond Falls Estates, LLC is a corporation
organized and existing under the laws of the state of North Carolina.
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 Plaintiffs will be required to disclose the names and
addresses of all constituent members or partners.
ORDER
IT IS, THEREFORE, ORDERED that on or before May 16, 2014, the
Plaintiffs shall file a response disclosing the names and citizenships, if any, of all
the constituent members or partners of Diamond Falls Estates, 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: April 23, 2014

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