Hipoint Partners LLC et al v. Pathfinder LL&D Insurance Group LLC et al

Filing 123

ORDER as to LLC parties filing second amended disclosure statements within 7 days. Signed by Honorable Timothy D. DeGiusti on 04/17/2015. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HIGHPOINT PARTNERS, LLC, et al.,
Plaintiffs,
v.
PATHFINDER/LL&D INSURANCE
GROUP, LLC, et al.,
Defendants.

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Case No. CIV-13-687-D

ORDER
The Court has reviewed the amended disclosure statements filed by all plaintiffs, each of
which is a limited liability company (LLC), and one defendant LLC. None of the statements is
sufficient to satisfy the Court’s inquiry into whether complete diversity of citizenship exists under
Siloam Springs Hotel, L.L.C. v. Century Surety Co., No. 14-6119, 2015 WL 1430335, (10th Cir.
March 31, 2015) (to be published).
Plaintiffs identify the members of Hipoint Partners, LLC to be other entities, including other
LLCs and a trust. The members of the constituent LLCs are not identified, and no facts establishing
the citizenship of these entities are stated. “[W]here an LLC has, as one of its members, another
LLC, the citizenship of unincorporated associations must be traced through however many layers
of . . . members there may be to determine the citizenship of the LLC.” Zambelli Fireworks Mfg.
Co., Inc. v. Wood, 592 F.3d 412, 420 (3d Cir. 2010) (internal quotation omitted) (followed in Siloam
Springs). Depending on a trust’s structure or role, its citizenship may be that of the trustee or the
trust’s beneficiaries. See Conagra Foods, Inc. v. Americold Logistics, LLC, 776 F.3d 1175, 1178
(10th Cir. 2015).

Defendant Pathfinder/LL&D Insurance Group, LLC identifies its members (referred to as
its shareholders) as a partnership and a corporation. The members of the partnership are identified,
and Defendant states that these individuals are not citizens of Oklahoma, which appears to be
Plaintiffs’ state of citizenship. But no facts are stated regarding the citizenship of the corporation
under 28 U.S.C. § 1332(c)(1).
IT IS THEREFORE ORDERED that the LLC parties shall file second amended disclosure
statements within seven days of this Order, setting forth sufficient information about the citizenship
of their constituent members to establish federal subject matter jurisdiction.
IT IS SO ORDERED this 17th day of April, 2015.

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