CBC Engineers & Associates Ltd v. Miller Aviation LLC et al

Filing 14

ORDER REQUIRING PLAINTIFF CBC AND DEFENDANT LIMITED LIABILITY COMPANIES TO INFORM THE COURT NOT LATER THAN MAY 22, 2012, OF THE NAME AND CITIZENSHIP OF EACH MEMBER. Signed by Judge Thomas M Rose on 5/7/12. (cib1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CBC ENGINEERS & ASSOCIATES,
LTD,
Case No. 3:12-CV-125
Plaintiff,
Judge Thomas M. Rose
-vMILLER AVIATION, LLC, et al,
Defendants.
______________________________________________________________________________
ORDER REQUIRING PLAINTIFF CBC AND DEFENDANT LIMITED
LIABILITY COMPANIES TO INFORM THE COURT NOT LATER THAN
MAY 22, 2012, OF THE NAME AND CITIZENSHIP OF EACH MEMBER
______________________________________________________________________________
The Plaintiff in this matter is CBC Engineers & Associates, Ltd. (“CBC”). CBC
identifies itself in its complaint as an Ohio Limited Liability Company (“LLC”).
The Defendants in this matter are Miller Aviation LLC, and East Central Indiana Twin
LLC, Mick Air LLC, Miller Air LLC, DBM Aviation LLC, Golden Eagle 43 LLC , USA
Charter, Inc., Mill Air LLC and the Estate of David Miller. These Defendants have removed this
matter to this Court based upon this Court having diversity jurisdiction. However, this Court is
unable to determine if it has the power to adjudicate this matter.
The Plaintiff and some of the Defendants in this matter are LLCs, and subject matter
jurisdiction is based upon diversity of citizenship. Thus, for diversity of citizenship to exist, the
Plaintiffs’ citizenships must be diverse from the Defendant LLCs’ citizenships.
The Notice of Removal indicates that the Defendant LLCs have their principle places of
businesses in Indiana. The Plaintiffs plead that their citizenship is in Ohio. But this is not enough
information for the Court to determine if diversity of citizenship exists.

“The general rule is that all unincorporated entities - of which a limited liability company
is one - have the citizenship of each partner or member.” Delay v. Rosenthal Collins Group,
LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Thus, without confirming the citizenship of each
member of the Plaintiff limited liability company and the Defendant limited liability companies,
the Court cannot confirm that it has subject matter jurisdiction to proceed. Therefore, Plaintiff
CBC and Defendants Miller Aviation LLC; East Central Indiana Twin LLC, Mick Air LLC,
Miller Air LLC, DBM Aviation LLC, Golden Eagle LLC and Mill Air LLC are given until not
later than May 22, 2012, to inform the Court of the name and citizenship of each member.
DONE and ORDERED in Dayton, Ohio this Seventh Day of May, 2012.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record