Shadid LLC v. Aspen Specialty Insurance Company

Filing 4

ORDER directing Plaintiff to file an amended pleading within 14 days to cure deficiency. Signed by Honorable Timothy D. DeGiusti on 6/5/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES A. SHADID, L.L.C.,
Plaintiff,
v.
ASPEN SPECIALTY INSURANCE
COMPANY,
Defendant.

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Case No. CIV-15-595-D

ORDER
Upon examination of the Complaint, the Court finds insufficient factual allegations
to establish the existence of subject matter jurisdiction under 28 U.S.C. § 1332, as asserted
by Plaintiff.1 Plaintiff Charles A. Shadid, L.L.C. identifies itself as an Oklahoma limited
liability company. For purposes of citizenship, this business entity is not treated like a
corporation under § 1332(c)(1), but like an unincorporated association under Carden v.
Arkoma Assocs., 494 U.S. 185, 195-96 (1990). See Siloam Springs Hotel, L.L.C. v. Century
Surety Co.,781 F.3d 1233, 1237-38 (10th Cir. 2015). Because Plaintiff fails to identify its
members or allege their citizenship, the Complaint fails to demonstrate diversity of
citizenship between the parties, and does not establish federal jurisdiction.
IT IS THEREFORE ORDERED that Plaintiff is directed to file an amended pleading
within 14 days of this date to cure the deficiency identified in this Order.

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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).

IT IS SO ORDERED this 5th day of June, 2015.

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