World Class Technology Corporation v. Ormco Corporation

Filing 20

Order. The Court orders Defendant Ormco within ten (10) days of the date of this Order to identify the state citizenship of each member of Ormco Corporation. Signed on 04/22/2013 by Judge Anna J. Brown. See attached Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WORLD CLASS TECHNOLOGY
CORPORATION, an Oregon
corporation,
Plaintiff,
v.
ORMCO CORPORATION, a
Delaware corporation,
Defendant.
SUSAN K. EGGUM
BRENNA KRISTINE LEGAARD
PETER D. HAWKES
Lane Powell PC
601 S.W. Second Avenue
Suite 2100
Portland, OR 97204
[phone]
Attorneys for Plaintiff World Class
Technology Corporation

1 - ORDER

3:13-CV-00441-BR
ORDER

CHRISTOPHER B. MEAD
London & Mead
1225 19th Street, N.W.
Suite 320
Washington, DC 20036
[phone]
GREGORY F. AHRENS
LISA M.A. NOLAN
PAUL J. LINDEN
Wood, Herron & Evans, L.L.P.
441 Vine Street
2700 Carew Tower
Cincinnati, OH 45202
[phone]
PETER E. HEUSER
Schwabe Williamson & Wyatt, PC
1600-1900 Pacwest Center
1211 S.W. Fifth Avenue
Portland, OR 97204
[phone]
TODD M. SIEGEL
KRISTEN P. REICHENBACH
Klarquist Sparkman, LLP
One World Trade Center
121 S.W. Salmon Street
Suite 1600
Portland, OR 97204
[phone]
Attorneys for Defendant Ormco Corporation

BROWN, Judge.
On March 14, 2013, Defendant Ormco Corporation removed this
case from Multnomah County Circuit Court to federal court
asserting this Court has subject-matter jurisdiction pursuant to

2 - ORDER

28 U.S.C. § 1332(a) because the amount in controversy exceeds
$75,000 and the parties are of diverse citizenship.
The Court notes Steven Schwarz in his Declaration in support
of Ormco’s removal of this case to federal court identifies Ormco
as a limited liability company incorporated in Delaware1 and
states none of Ormco’s members are citizens of the State of
Oregon.

Schwarz’s Declaration, however, does not establish the

requisite complete diversity of Ormco’s members because Schwarz
does not identify each member’s state of citizenship.

See

Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th
Cir. 2006)(“For purposes of diversity jurisdiction, a limited
liability corporation is a citizen of all of the states of which
its owners/members are citizens.”).

To establish complete

diversity, a notice of removal from state court must set out “the
citizenship of the partners and members” of the LLC.

Lindley

Contours, LLC v. AABB Fitness Holdings, Inc., 414 Fed. App’x 62,
64 (9th Cir. 2011).

1

Although Plaintiff’s caption in its Complaint filed in
Multnomah County Circuit Court (attached as an exhibit to
Defendant’s Notice of Removal) describes Ormco as a California
corporation, Plaintiff in the text of its Complaint and Ormco in
its Notice of Removal (#1) and Amended Answer (#19) state Ormco
is a Delaware corporation with its principal place of business in
California. The Court, therefore, directs the Clerk to correct
the caption in this case to describe Ormco as a Delaware
corporation.
3 - ORDER

Accordingly, the Court orders Defendant Ormco within ten
(10) days of the date of this Order to identify the state
citizenship of each member of Ormco Corporation.
IT IS SO ORDERED.
DATED this 22nd day of April, 2013.

/s/ Anna J. Brown

ANNA J. BROWN
United States District Judge

4 - ORDER