AT&T Enterprises, LLC v. Ohio Excavating & Sewer Contractors Corp.

Filing 12

Order: Defendant's unopposed motion for leave to file its Answer instanter is granted. By January 24, 2025, Defendant shall file its Answer and Plaintiff shall file an affidavit of jurisdiction. re 1 , 2 , 10 . Judge Jeffrey J. Helmick on 1/14/2025.(M,SM)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION AT&T Enterprises, LLC, Case No. 3:24-cv-2144 Plaintiff, v. ORDER Ohio Excavating & Sewer Contractors Corp., Defendant. Defendant Ohio Excavating & Sewer Contractors Corp.’s unopposed motion for leave to file its Answer instanter is granted. (Doc. No. 10). Defendant shall file its Answer no later than January 24, 2025. By this date, Plaintiff AT&T Enterprises, LLC shall file an affidavit of jurisdiction so that I may determine its citizenship and verify this Court has original diversity jurisdiction over this case, as Plaintiff alleges. (Doc. No. 1 at 2). As an LLC, Plaintiff “has the citizenship of each of its members.” Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). This “must be traced through however many layers of partners or members there may be.” Meyerson v. Harrah’s E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). In this case, the LLC Plaintiff did not provide the requisite membership information in its Complaint, stating instead that it “is a Delaware company with its principal office located at 208 S. Akard St., Dallas, TX 75202.” (Doc. No. 1 at 2). But, in its Corporate Disclosure Statement, Plaintiff did provide membership information, asserting, AT&T Enterprises, LLC is a Delaware limited liability company, whose sole member is AT&T Wireline Holdings, LLC. AT&T Wireline Holdings, LLC is a Delaware limited liability company, whose sole member is AT&T DW Holdings, Inc. AT&T DW Holdings, Inc., a New York corporation… (Doc. No. 2). Nevertheless, without the principal place of business of AT&T DW Holdings, Inc., I cannot determine Plaintiff’s citizenship and verify this Court has subject matter jurisdiction over this case. So Ordered. s/ Jeffrey J. Helmick United States District Judge

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