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)

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

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