Cheyenne Oil, Gas, & Minerals LLC v. Scout Petroleuym II, LP et al

Filing 31

ORDER GRANTING defts' supp'l MTD 26 , DISMISSING complaint 1 w/out prejudice to refiling in ct w/ approp jurisdiction, DENYING defts' initial MTD 14 as MOOT, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/25/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHEYENNE OIL, GAS, & MINERALS :
LLC,
:
:
Plaintiff
:
:
v.
:
:
SCOUT PETROLEUM II, LP, et al.,
:
:
Defendants
:

CIVIL ACTION NO. 1:16-CV-1838
(Chief Judge Conner)

ORDER
AND NOW, this 25th day of April, 2017, upon consideration of defendants’
supplemental motion (Doc. 26) to dismiss for lack of jurisdiction, wherein
defendants assert that the parties lack full diversity because the managing member
of plaintiff Cheyenne Oil, Gas, & Minerals LLC (“Cheyenne”) maintains his
domicile in Texas, (id. ¶¶ 8-10), and because several of defendants’ corporate
members are also domiciled in Texas, (id. ¶¶ 4-5), and upon further consideration of
the court’s order (Doc. 29) directing Cheyenne to show cause why the court should
not deem defendants’ supplemental motion unopposed pursuant to the Local Rules
of Court, and Cheyenne’s response (Doc. 30) thereto, and the court acknowledging
that district courts may exercise diversity jurisdiction when the amount in
controversy exceeds $75,000 and the parties are fully diverse, 28 U.S.C. § 1332(a);
see also Zambelli Fireworks Mfg. Co. v. Wood, 592 F.3d 412, 419 (3d Cir. 2010) (citing
Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005); Kaufman v.
Allstate N.J. Ins. Co., 561 F.3d 144, 148 (3d Cir. 2009)), and that the court must
consider the citizenship of each member of a limited liability corporation for

purposes of establishing the parties’ citizenship, Zambelli, 592 F.3d at 419-20, but it
appearing that Cheyenne and defendants both maintain limited liability
corporation members domiciled in Texas, (Doc. 26 ¶¶ 4-11), and that Cheyenne does
not oppose defendants’ motion as it cannot dispute defendants’ representations
regarding the parties’ diversity of citizenship, (Doc. 30), and the court concluding
that the parties lack full diversity, and that there is accordingly no basis upon which
to exercise jurisdiction sub judice, it is hereby ORDERED that:
1.

Defendants’ supplemental motion (Doc. 26) to dismiss is GRANTED.

2.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice to
refiling thereof in a court of appropriate jurisdiction.

3.

Defendants’ initial motion (Doc. 14) to dismiss for failure to state a
claim is DENIED as moot.

4.

The Clerk of Court is directed to CLOSE the case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania