Guzman v. Smithfield Foods Inc et al
ORDER directing Defendant Armour-Eckrich Meats, LLC to file a disclosure statement that complies with LCvR 7.1.1 within 7 days re 27 Disclosure Statement - Corporate filed by Armour-Eckrich Meat's LLC. Signed by Honorable Timothy D. DeGiusti on 12/1/2017. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SMITHFIELD FOODS, INC., et al.,
Case No. CIV-17-697-D
Upon review of the Corporate Disclosure Statement [Doc. No. 27] filed by
Defendant Armour-Eckrich Meats, LLC pursuant to Fed. R. Civ. P. 7.1, the Court finds
that the statement fails to comply with LCvR7.1.1 and additional information is needed.
Defendant Armour-Eckrich Meats, LLC states it is now known as Smithfield Direct, LLC
and is a Delaware limited liability company. The Court’s local rules require a limited
liability company to “file a separate ‘Disclosure Statement Identifying Constituents of LLC
or Partnership,’ identifying the LLC’s members.” See LCvR7.1.1.
Further, federal jurisdiction in this case rests on 28 U.S.C. § 1332(a). Under this
statute, a limited liability company is treated like an unincorporated association that has
the citizenship of each of its members. See Siloam Springs Hotel, LLC v. Century Surety
Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). Thus, in a diversity case, a limited liability
company’s disclosure statement must also identify its members’ states of citizenship. See
Defendant Armour-Eckrich Meats, LLC states it “is a wholly owned
subsidiary of Smithfield Packaged Meats Corp. . . . (Delaware corporation),” but does not
identify the corporation’s principal place of business, as required to establish its citizenship
under 28 U.S.C. § 1332(c)(1).
IT IS THEREFORE ORDERED that Defendant-Armour Eckrich Meats, LLC is
directed to file a disclosure statement that complies with LCvR7.1.1 within 7 days of this
IT IS SO ORDERED this 1st day of December, 2017.
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