Young v. Green Line Enterprises Inc et al

Filing 6

ORDER directing defendants to file an amended Notice of Removal no later than 6/24/2011 re 1 Notice of Removal,,,,,, filed by Saia Motor Freight Line Inc, Great American Lines Inc, Green Line Enterprises Inc. Signed by Honorable Timothy D. DeGiusti on 6/13/2011. (mb, )

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

CEDRIC L. YOUNG,

)
)
Plaintiff,
)
)
v.
)
)
THE GREEN LINE ENTERPRISES, INC., )
GREAT AMERICAN LINES, INC., and
)
SAIA MOTOR FREIGHT LINES, LLC,
)
)
Defendants.
)

Case No. CIV-11-662-D

ORDER
Upon review of the Notice of Removal, the Court finds insufficient factual allegations to
support the assertion of federal subject matter jurisdiction under 28 U.S.C. § 1332.1 Defendant
SAIA Motor Freight Lines, LLC is alleged to be 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

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).

Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th 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 Notice of Removal contains no information
concerning the citizenship of the members or owners of SAIA Motor Freight Lines, LLC and,
therefore, fails to allege the citizenship of this defendant.
IT IS THEREFORE ORDERED that Defendants shall file an amended notice of removal to
allege the existence of diversity jurisdiction not later than June 24, 2011.2
IT IS SO ORDERED this 13th

day of June, 2011.

2

Defendants need not re-file the exhibits attached to the Notice of Removal but may incorporate
them by reference pursuant to Fed. R. Civ. P. 10(c).
2