Levtec, LLC, v. Barkan et al

Filing 8

ORDER REQUIRING LEVTEC, LLC AND BARKAN ADVERTISING, LLCTO INFORM THE COURT NOT LATER THAN SEPTEMBER 25, 2014, OFTHE NAME AND CITIZENSHIP OF EACH PARTNER. Signed by Judge Thomas M Rose on 8/25/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LEVTEC, LLC

Case No. 3:14-CV-276
Plaintiff,
Judge Thomas M. Rose

-vMICHELLE BARKAN, et al.,
Defendants.
______________________________________________________________________________
ORDER REQUIRING LEVTEC, LLC AND BARKAN ADVERTISING, LLC
TO INFORM THE COURT NOT LATER THAN SEPTEMBER 25, 2014, OF
THE NAME AND CITIZENSHIP OF EACH PARTNER
______________________________________________________________________________
The Complaint in this matter was filed in the Common Pleas Court of Montgomery
County, Ohio on July 6, 2014. (Doc. #2.) It was then removed to this Court by the Defendants on
August 11, 2014. (Doc. #1.)
The removal was contingent upon this Court having subject matter jurisdiction based
upon the diversity of citizenship of the Parties. For diversity of citizenship to exist, the Plaintiff’s
citizenship must be diverse from the Defendants’ citizenships. However, this Court cannot
determine whether diversity of citizenship exists, and thus cannot determine if it has the power to
adjudicate this matter.
The Notice of Removal indicates that Plaintiff Levtec, LLC and Defendant Barkan
Advertising, LLC are limited liability companies. “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 Levtec, LLC and Barkan Advertising,

LLC, the Court cannot confirm that it has subject matter jurisdiction to proceed. Therefore,
Levtec, LLC and Barkan Advertising, LLC, are each given until not later than September 25,
2014, to inform the Court of the name and citizenship of each of their partners.
DONE and ORDERED in Dayton, Ohio this Twenty-Fifth Day of August, 2014.

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