Engelbrecht v. Dunn et al

Filing 4

ENTRY AND ORDER GIVING DEFENDANT GREEN LIGHT TRUCKING LLC UNTIL NOT LATER THAN JANUARY 5, 2015 TO INFORM THE COURT OF THE NAME AND CITIZENSHIP OF EACH OF ITSMEMBERS. Signed by Judge Thomas M Rose on 11/25/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
FLORA JANE ENGELBRECHT,
Case No. 3:14-cv-405
Plaintiff,
Judge Thomas M. Rose
-vCALVIN E. DUNN, et al,
Defendants.
______________________________________________________________________________
ENTRY AND ORDER GIVING DEFENDANT GREEN LIGHT TRUCKING
LLC UNTIL NOT LATER THAN JANUARY 5, 2015 TO INFORM THE
COURT OF THE NAME AND CITIZENSHIP OF EACH OF ITS
MEMBERS
______________________________________________________________________________
According to the Complaint filed in this matter, named Defendant Green Light Trucking
is a limited liability company. (Doc. #1, ¶3.) This case was filed in this Court 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
Defendant’s citizenships. 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 Green Light Trucking L.L.C., the Court cannot
confirm that diversity of citizenship exists and that it has subject matter jurisdiction to proceed.
Therefore, Defendant Green Light Trucking L.L.C. is given until not later than January 5, 2015,
to inform the Court of the name and citizenship of each member.

DONE and ORDERED in Dayton, Ohio this Twenty-Fifth Day of November, 2014.

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