Memphis Light, Gas and Water Division v. Asplundh Tree Expert, LLC

Filing 22

ORDER DIRECTING DEFENDANT TO SUPPLEMENT DISCLOSURE STATEMENT. Signed by Chief Judge Sheryl H. Lipman on 9/25/2024. (shl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MEMPHIS LIGHT, GAS AND WATER
DIVISION,
Plaintiff,
v.
ASPLUNDH TREE EXPERT, LLC,
Defendant.

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No. 2:24-cv-02383-SHL-tmp

ORDER DIRECTING DEFENDANT TO SUPPLEMENT DISCLOSURE STATEMENT
Before the Court is Defendant Asplundh Tree Expert, LLC’s Corporate Disclosure
Statement (ECF No. 20), filed September 25, 2024. Asplundh disclosed information under
Federal Rule of Civil Procedure 7.1(a)(1), which requires a nongovernmental corporation
seeking to intervene to disclose certain details about its corporate structure. Asplundh is neither
a corporation nor an intervenor—Asplundh admitted it was a limited liability company organized
under the laws of Pennsylvania. (ECF No. 1 at ¶ 2; ECF No. 15 at ¶ 2.)
Rule 7.1(a)(2) requires a party in a diversity action to name and identify the citizenship of
“every individual or entity whose citizenship is attributed to that party.” Fed. R. Civ. P.
7.1(a)(2). A limited liability company takes on the citizenship of each of its members. Delay v.
Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Thus, the Court DIRECTS
Asplundh to supplement its disclosure statement with the name and citizenship of each of its
members by October 4, 2024.
IT IS SO ORDERED, this 25th day of September, 2024.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE