Guzman v. Smithfield Foods Inc et al

Filing 28

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SANDRA GUZMAN, Plaintiff, v. SMITHFIELD FOODS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-17-697-D ORDER 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 LCvR7.1.1. 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 Order. IT IS SO ORDERED this 1st day of December, 2017.

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