NewPage Corporation et al v. Mayfield Creek Forestry Consultants LLC

Filing 4

ORDER REQUIRING DEFENDANT MAYFIELD CREEK FORESTRY CONSULTANTS LLC TO INFORM THE COURT NOT LATER THAN DECEMBER 10, 2014, OF THE NAME AND CITIZENSHIP OF EACHMEMBER. Signed by Judge Thomas M Rose on 11/10/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NEW PAGE CORPORATION, et al.,
Case No. 3:14-cv-386
Plaintiffs,
Judge Thomas M. Rose
-vMAYFIELD CREEK FORESTRY
CONSULTANTS LLC,
Defendant.
______________________________________________________________________________
ORDER REQUIRING DEFENDANT MAYFIELD CREEK FORESTRY
CONSULTANTS LLC TO INFORM THE COURT NOT LATER THAN
DECEMBER 10, 2014, OF THE NAME AND CITIZENSHIP OF EACH
MEMBER
______________________________________________________________________________
The Complaint filed in this matter identifies Defendant Mayfield Creek Forestry
Consultants LLC as a limited liability company. This case was removed to this Court by
Mayfield Creek Forestry Consultants LLC based upon this Court having subject matter
jurisdiction due to diversity of citizenship. However, this Court is unable to determine if it has
the power to adjudicate this matter.
For diversity of citizenship to exist, the Plaintiffs’ citizenships must be diverse from the
Defendant LLC’s citizenship. Further, “[t]he 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 Mayfield Creek Forestry Consultants
LLC, the Court cannot confirm that diversity of citizenship exists and that it has subject matter
jurisdiction to proceed. Therefore, Defendant Mayfield Creek Forestry Consultants LLC is given

until not later than December 10, 2014, to inform the Court of the name and citizenship of each
member.
DONE and ORDERED in Dayton, Ohio this Tenth Day of November, 2014.

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