Ace Oilfield Rentals LLC v. Western Dakota and Fabrication LLC et al

Filing 12

ORDER that defendant shall file an amended notice of removal to allege existence of diversity jurisdiction within 14 days. Signed by Honorable Timothy D. DeGiusti on 6/26/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ACE OILFIELD RENTALS, LLC,
Plaintiff,
v.
WESTERN DAKOTA WELDING
AND FABRICATION, LLC, et al.,
Defendants.

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Case No. CIV-15-672-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
Plaintiff Ace Oilfield Rentals, LLC and Defendant Western Dakota Welding and Fabrication,
LLC are alleged to be limited liability companies. A limited liability company is not treated
like a corporation under 28 U.S.C. § 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 Notice of Removal contains no information concerning the members of the
limited liability companies and, therefore, fails to allege the citizenship of these parties or to
establish complete diversity of citizenship.

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).

IT IS THEREFORE ORDERED that Defendant Western Dakota Welding and
Fabrication, Inc. shall file an amended notice of removal to allege the existence of diversity
jurisdiction within 14 days from the date of this Order.2
IT IS SO ORDERED this 26th day of June, 2015.

2

Defendant 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