Parillo et al v. New Werner Co. et a.

Filing 10

ORDER REQUIRING DEFENDANT NEW WERNER HOLDING CO (DE) LLC TO INFORM THE COURT NOT LATER THAN NOVEMBER 12, 2014, OF THE NAME AND CITIZENSHIP OF EACH MEMBER. Signed by Judge Thomas M Rose on 11/4/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID J. PARILLO, et al.,
Case No. 3:14-cv-369
Plaintiffs,
Judge Thomas M. Rose
-vNEW WERNER CO., d/b/a WERNER CO.,
et al,
Defendants.
______________________________________________________________________________
ORDER REQUIRING DEFENDANT NEW WERNER HOLDING CO (DE)
LLC TO INFORM THE COURT NOT LATER THAN NOVEMBER 12,
2014, OF THE NAME AND CITIZENSHIP OF EACH MEMBER
______________________________________________________________________________
The Complaint filed in this matter identifies Defendant New Werner Holding Co (DE),
LLC as a limited liability company. This case was removed to this Court by New Werner
Holding Co. (DE), LLC, among others, based upon this Court having subject matter jurisdiction
based upon diversity of citizenship. However, this Court is unable to determine if it has the
power to adjudicate this matter.
One Defendant in this matter may be a limited liability company, and subject matter
jurisdiction is based upon diversity of citizenship. For diversity of citizenship to exist, the
Plaintiff’s citizenship must be diverse from, among others, the Defendant LLC’s citizenship.
“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 Defendant New Werner Holding Co (DE), LLC , the Court cannot confirm that
diversity of citizenship exists and that it has subject matter jurisdiction to proceed. Therefore,

Defendant New Werner Holding Co (DE), LLC is given until not later than November 12, 2014,
to inform the Court of the name and citizenship of each member.
DONE and ORDERED in Dayton, Ohio this Fourth Day of November, 2014.

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