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)

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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, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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), 1 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 2

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