Engelbrecht v. Dunn et al

Filing 5

AMENDED ENTRY AND ORDER GIVING PLAINTIFF FLORA JANEENGELBRECHT UNTIL NOT LATER THAN JANUARY 5, 2015 TOINFORM THE COURT OF THE NAME AND CITIZENSHIP OF EACH OFTHE MEMBERS OF DEFENDANT GREEN LIGHT TRUCKING, LLC. Signed by Judge Thomas M Rose on 12/3/14. (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.
______________________________________________________________________________
AMENDED ENTRY AND ORDER GIVING PLAINTIFF FLORA JANE
ENGELBRECHT UNTIL NOT LATER THAN JANUARY 5, 2015 TO
INFORM THE COURT OF THE NAME AND CITIZENSHIP OF EACH OF
THE MEMBERS OF DEFENDANT GREEN LIGHT TRUCKING, LLC
______________________________________________________________________________
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 subject matter jurisdiction, and Plaintiff Flora Jane Engelbrecht has
the burden of proving that this Court has subject matter jurisdiction. See Madison-Hughes v.
Shalala, 80 F.3d 1121, 1130 (6th Cir. 1996).
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 knowing 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, Plaintiff Flora Jane Engelbrecht is given until not later than January 5, 2015, to

inform the Court of the name and citizenship of each member of named Defendant Green Light
Trucking, LLC.
DONE and ORDERED in Dayton, Ohio this Third Day of December, 2014.

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

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