Katy Venture Ltd. et al v. Century Surety Company

Filing 5

Memorandum Opinion and Order: Within ten days of this date, the plaintiffs shall electronically file and serve an amended complaint alleging the names and citizenship (1) of all the partners of the plaintiff Katy Venture Ltd. and (2) of all the members of the plaintiff Katy Management L.L.C. Failure to time file and serve such an amended complaint will result in the dismissal of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 3/4/2013) (tla)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KATY VENTURE LTD., ET AL.,
Plaintiffs,
VS.
CENTURY SURETY COMPANY,
Defendant.

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CIVIL ACTION NO.
3:13-CV-0841-G

MEMORANDUM OPINION AND ORDER

This court is required to examine the basis for its subject matter jurisdiction,
on its own motion if necessary. Torres v. Southern Peru Copper Corporation, 113 F.3d
540, 542 (5th Cir. 1997). Diversity of citizenship is alleged as the basis for subject
matter jurisdiction in this case. Plaintiffs’ Original Complaint ¶ 3.1 (docket entry 1).
The plaintiff Katy Venture Ltd. is alleged to be “a Texas limited partnership with its
principal place of business in Dallas, Texas.” Id. ¶ 2.1. The plaintiff Katy
Management L.L.C. is alleged to be “a Texas limited liability company with its
principal place of business in Dallas, Texas.” Id. ¶ 2.2. The defendant Century

Surety Company is alleged to be “an Ohio corporation with its principal place of
business in Westerville, Ohio.” Id. ¶ 2.3.
Diversity of citizenship jurisdiction requires that the citizenship of each
plaintiff must be different from the citizenship of the defendant. Strawbridge v.
Curtiss, 7 U.S. 267 (1806). Generally, the citizenship of artificial entities other than
corporations is determined by the citizenship of their members. This rule applies to
limited partnerships such as the plaintiff Katy Ventures Ltd., see Carden v. Arkoma
Associates, 494 U.S. 185, 195-96 (19990), and to limited liability company companies
such as the plaintiff Katy Management L.L.C., see Harvey v. Grey Wolf Drilling
Company, 542 F.3d 1077, 1079-80 (5th Cir. 2008).
The citizenship of the defendant Century Surety Company is alleged to be
Ohio, see 28 U.S.C. § 1332(c)(1) (corporation is deemed a citizen of state where it is
incorporated and has its principal place of business), but the court cannot tell if there
is complete diversity because the names and citizenship of the members of the
plaintiff entities are not alleged.
Within ten days of this date, the plaintiffs shall electronically file and serve an
amended complaint alleging the names and citizenship (1) of all the partners of the
plaintiff Katy Venture Ltd. and (2) of all the members of the plaintiff Katy
Management L.L.C. Failure to time file and serve such an amended complaint will
result in the dismissal of this case without further notice.

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SO ORDERED.

March 4, 2013.

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A. JOE FISH
Senior United States District Judge

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