Zon LED LLC v. Power Partners Inc et al

Filing 36

ORDER directing Plaintiff to file an Amended Pleading within 14 days re 1 Complaint, filed by Zon LED LLC. Signed by Honorable Timothy D. DeGiusti on 1/12/2017. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THEWESTERN DISTRICT OF OKLAHOMA
ZON LED, LLC,
Plaintiff,
v.
POWER PARTNERS, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)

Case No. CIVB16-1090-D

ORDER
Upon examination of the Complaint, the Court finds insufficient factual allegations to
establish the existence of federal subject matter jurisdiction based on diversity of citizenship
1

under 28 U.S.C. § 1332, as asserted by Plaintiff. For jurisdictional purposes, a limited
liability company is not treated like a corporation under 28 U.S.C. § 1332(c), 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 allege the citizenship of the members
or constituents of Plaintiff Zon LED, LLC, a limited liability company, and, therefore, fails to
allege its citizenship. Further, the Complaint fails to allege the principal place of business of
Defendant Inventronics USA, Inc., a corporation, as required to establish its citizenship under
§ 1332(c)(1).

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); see Arbaugh v. Y&H Corp., 546 U.S. 500 506 (2006).

IT IS THEREFORE ORDERED that Plaintiff shall file an amended pleading that
states a basis for federal jurisdiction within 14 days from the date of this Order.
IT IS SO ORDERED this 12th day of January, 2017.

2