Gateway One Lending & Finance LLC v. J&K Business Ventures Inc et al

Filing 5

ORDER for Plaintiff to file amended complaint within 14 days. Signed by Honorable Timothy D. DeGiusti on 06/12/15. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GATEWAY ONE LENDING & FINANCE,
LLC,
Plaintiff,
v.
J&K BUSINESS VENTURES, INC d/b/a
LINDSEY STREET MOTORS, et al.,
Defendants.

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Case No. CIV-15-635-D

ORDER
Upon examination of the Complaint, the Court finds insufficient factual allegations
to establish subject matter jurisdiction under 28 U.S.C. § 1332, as asserted by Plaintiff.1
Plaintiff identifies itself as a Delaware limited liability company. A limited liability company
is not treated like a corporation under § 1332(c)(1), but like a limited partnership or other
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). The Complaint fails to identify Plaintiff’s members or to allege their citizenship.
Accordingly, the Complaint fails to demonstrate complete diversity of citizenship between
Plaintiff and Defendants.

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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 THEREFORE ORDERED that Plaintiff shall file an amended complaint within
14 days of this date to sufficiently state a basis of federal jurisdiction.
IT IS SO ORDERED this 12th day of June, 2015.

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