IPro Network, LLC v. Fintact Solutions Group, LLC

Filing 7

ORDER to Amend Plaintiff's Complaint to Allege Facts Establishing Subject Matter Jurisdiction. Amended Complaint due by 2/22/2018.(Signed by Judge Sim Lake) Parties notified.(gclair, 4)

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United States District Court Southern District of Texas ENTERED February 08, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION David J. Bradley, Clerk IPRO NETWORK , LLC , a California Lim ited Liability Company, Plaintiff, CIVIL ACTION NO . H-18-0249 FINTACT SOLUTIONS GROUP, LLC, a Texas Limited Liability Company, Defendants . ORDER TO AMEND PLAINTIFF 'S COMPLAINT TO ALLEGE FACTS ESTABLISHING SUBJECT MATTER JURISDICTION Plaintiff, Network, brings defendant, Fintact Solutions Group , seeking damages breach action against asserting claims oral contract, negligence , and conversion. Plaintiff asserts jurisdiction based on diversity of citizenship by alleging: This Court maintains diversity jurisdiction over this action pursuant to 28 U .S .C . 5 1332 , as the parties are citizens of different States and the amount in controversy exceeds $75,000 dollarsx In support of jurisdiction, plaintiff alleges pertinent part: Plaintiff Ipro Network, LLC is a California Limited Liability Company with its principal place of business located at 9651 Irvine Center Drive , Irvine , California 92618 . lplaintiff Ipro Network , Entry No . 1, p . 2 % 4 . LLC'S Original Comp laint , Docket 2. Defendant Fintact Solutions Group , LLC is a Texas Limited Liability Company with its principal place of business located at 118 Vintage Park Blvd #W418, Houston, Texas 77433.2 nThe citizenship a Lg imitedq L l iabilityq C g ompanyq determ ined by the citizenship of al1 of its members .' ' Grev Wolf Drillin? Cow 1077, Harvev v . Cir. 2008). Plaintiff's complaint identifies b0th plaintiff, Ipro Network, LLC, and defendant, Fintact Solutions Group, companies . company's as lim ited liab ility However, the complaint contains no mention of either members, citizenship . Under alone Harvev their these respective allegations states are facially insufficient to establish the existence of diversity jurisdiction. Accordingly , plaintiff is ORDERED to file an amended comp laint February 2018, that identifies each party's members their respective states citizenship . an am ended complaint Should plaintiff February 22, 2018, adequately alleges facts sufficient to establish subject matter jurisdiction, action will be dismissed SIGNED lack Houston, Texas, on this jurisdiction. day of F b a 2018 . A SIM LAKE UNITED STATES DISTRICT JUDGE 2Id . at %% 1-2 .

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