Nalls v. Gardens Alive, Inc. et al

Filing 3

ORDER REQUIRING SPRING HILL NURSERIES LLC TO INFORM THE COURT NOT LATER THAN JULY 30, 2012 AS TO WHETHER IT IS A CORPORATION OR UNINCORPORATED ENTITY AND, IF IT IS AN UNINCORPORATED ENTITY, THE CITIZENSHIP OF EACH PARTNER OR MEMBER. Signed by Judge Thomas M Rose on 07/06/12. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SHARRON E. NALLS,
Case No. 3:12-CV-221
Plaintiff,
Judge Thomas M. Rose
-vGARDEN ALIVE, INC., et al.,
Defendants.
______________________________________________________________________________
ORDER REQUIRING SPRING HILL NURSERIES LLC TO INFORM THE
COURT NOT LATER THAN JULY 30, 2012 AS TO WHETHER IT IS A
CORPORATION OR UNINCORPORATED ENTITY AND, IF IT IS AN
UNINCORPORATED ENTITY, THE CITIZENSHIP OF EACH PARTNER
OR MEMBER
______________________________________________________________________________
The Defendants in this matter have petitioned this Court for removal of this matter from
the Court of Common Pleas of Preble County, Ohio. (Doc. #1.) However, the Court is unable to
determine if it has the power to adjudicate this matter.
The Defendants in this matter are Gardens Alive, Inc. and Spring Hill Nurseries LLC and
federal subject matter jurisdiction is based upon diversity of citizenship. For diversity of
citizenship to exist, the citizenship of the Plaintiff must be diverse from that of the Defendants.
The Defendants plead that Gardens Alive is a Delaware corporation with its principal
place of business in Lawrenceburg, Indiana. They also plead that Spring Hill Nurseries LLC is a
Delaware corporation with its principal place of business in Lawrenceburg, Indiana. However,
the Court is unable to determine from the pleadings whether Spring Hill Nurseries is a limited
liability company (“LLC”) or a corporation.
“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 whether Spring Hill
Nurseries LLC is an unincorporated entity, and, if so, the citizenship of each partner or member,
the Court cannot confirm that it has subject matter jurisdiction to proceed.
Therefore, Spring Hill Nurseries LLC is given until not later than July 30, 2012, to
inform the Court whether it is a corporation or unincorporated entity, and, if it is an
unincorporated entity, the citizenship of each partner or member.
DONE and ORDERED in Dayton, Ohio this Sixth Day of July, 2012.

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

-2-