Thomas v. Oklahoma Land Holdings LLC et al

Filing 27

ORDER: Defendants' 25 Disclosure Statement - LLC filed by Oklahoma Land Holdings LLC is deficient as more fully set out in Order. Defendants shall file an amended statement within 7 days of this order.. Signed by Honorable Timothy D. DeGiusti on 5/9/2018. (ml)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BILL D. THOMAS,
Plaintiff,
v.
OKLAHOMA LAND
HOLDINGS, LLC, et al.,
Defendants.

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Case No. CIV-17-1036-D

ORDER
Defendants’ Disclosure Statement [Doc. No. 25] is deficient in that it does not
identify any parent corporation and publicly held corporation owning 10% or more
of Defendants’ stock, or state no such corporation(s) exist. See Fed. R. Civ. P. 7.1.
It also fails to provide any information concerning the citizenship of The Equity
Trust (the Trust). See Conagra Foods, Inc. v. Americold Logistics, LLC, 776 F.3d
1175, 1181 (10th Cir. 2015) (explaining that “[w]hen a trustee is a party to litigation,
it is the trustee’s citizenship that controls for purposes of diversity jurisdiction” and
“[w]hen the trust itself is party to the litigation, the citizenship of the trust is derived
from all the trust’s ‘members,’” which “includes the trust’s beneficiaries”), aff’d sub
nom. Americold Realty Trust v. Conagra Foods, Inc., ––– U.S. ––––, 136 S.Ct. 1012,
194 L.Ed.2d 71 (2016). Defendants’ statement simply states The Equity Trust is “[a]

Texas formed trust,” which falls short of the standard set by the Tenth Circuit.1
Defendants shall file an amended statement within seven (7) days of this order.
IT IS SO ORDERED this 9th day of May 2018.

1

The caption on the disclosure statement also lists the wrong district court.
2