Environmental Safety & Health Inc v. Integrated Pro Services LLC

Filing 21

ORDER that plaintiff shall file a second amended pleading to allege the existence of diversity jurisdiction not later than 8/15/2011 re 17 Amended Complaint filed by Environmental Safety & Health Inc. Signed by Honorable Timothy D. DeGiusti on 8/1/2011. (mb, )

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
ENVIRONMENTAL, SAFETY & HEALTH, )
Inc.,
)
)
Plaintiff,
)
)
v.
)
)
INTEGRATED PRO SERVICES, LLC d/b/a )
PRO TREE SERVICES,
)
)
Defendant.
)

Case No. CIV-08-1215-D

ORDER
Upon review of Plaintiff’s Amended Complaint [Doc. No. 17], the Court finds insufficient
factual allegations to support the assertion of federal subject matter jurisdiction under 28 U.S.C.
§ 1332(a).1 Plaintiff alleges that Defendant Integrated Pro Services, LLC is a limited liability
company. Federal appellate courts have unanimously held that a limited liability company should
not be treated like a corporation under 28 U.S.C. § 1332(c)(1), but like a limited partnership or other
unincorporated association under Camden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990). See
Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 420 (3d Cir. 2010); Harvey v. Grey Wolf
Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008); Delay v. Rosenthal Collins Group, LLC, 585 F.3d
1003, 1005 (6th Cir. 2009); Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th
Cir. 2006); see also Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435
F.3d 51, 54 (1st Cir. 2006); General Tech. Applications, Inc. v. Exro Ltda, 388 F.3d 114, 120 (4th
Cir. 2004); GMAC Commercial Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 828-29 (8th
Cir. 2004); Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th

1

The Court has “an independent obligation to determine whether subject-matter jurisdiction exists” and may raise the
issue sua sponte at any time. 1mage Software, Inc. v. Reynolds & Reynolds Co., 459 F.3d 1044, 1048 (10th Cir. 2006).

Cir. 2004); Handelsman v. Bedford Village Assocs. Ltd. P'ship, 213 F.3d 48, 51 (2d Cir. 2000);
Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). The Amended Complaint contains no
information concerning the citizenship of the members or owners of Integrated Pro Services, LLC
and, therefore, fails to allege Defendant’s citizenship.
IT IS THEREFORE ORDERED that Plaintiff shall file a second amended pleading to allege
the existence of diversity jurisdiction not later than August 15, 2011.
IT IS SO ORDERED this 1st day of August, 2011.