Dugan et al v. Wiegand et al

Filing 28

ORDER sua sponte re 4 MOTION to Dismiss Pursuant to Rule 12(B)(1). Plaintiffs shall file a supplemental brief on or before 1/4/16. Within 14 days of the filing of Plaintiffs' brief, Defendant may file a supplemental brief. Signed by Magistrate Judge David S. Cayer on 12/4/15. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-00366-RJC-DSC
M. DUGAN, et. al.,
Plaintiffs,
v.
PHILLIPS WIEGAND JR., et. al.,
Defendants.

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THIS MATTER is before the Court sua sponte following briefing of “Defendant Phillips
Weigand, Jr.’s Motion to Dismiss …” (document #4).
Defendant contests the existence of diversity of citizenship required for subject matter
jurisdiction because Plaintiff has not identified the citizenship of the members of the Defendant
limited partnerships, limited liability partnerships and limited liability companies.
Defendant further contends that diversity may be defeated because Plaintiffs are also
members of some of the Defendant entities. The parties have not addressed the issue of whether
the presence of the same party as both a Plaintiff and Defendant for diversity purposes defeats
subject matter jurisdiction.
IT IS THERFORE ORDERED that:
1. On or before January 4, 2016, Plaintiffs shall file a supplemental brief stating the
citizenship of each member of each Defendant limited partnership, limited liability partnership and
limited liability company, and addressing the issue of whether the presence of the same party as
both a Plaintiff and Defendant for diversity purposes defeats subject matter jurisdiction.

2. Within fourteen days of the filing of Plaintiffs’ supplemental brief, Defendants may
file a supplemental brief addressing either or both of those issues.
3. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel; and to the Honorable Robert J. Conrad, Jr..
SO ORDERED.

Signed: December 4, 2015