Off the Wall Products v. Confer Plastics

Filing 19

ORDER AND MEMORANDUM DECISION granting 11 Motion to Remand to State Court - CASE CLOSED. Signed by Judge Tena Campbell on 11/14/11 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

OFF THE WALL PRODUCTS, LLC d/b/a
OTW SAFETY, a Utah limited liability
corporation,
Plaintiff,

ORDER and MEMORANDUM
DECISION

vs.

CONFER PLASTICS, INC., a New York
corporation,

Case No. 2:11-CV-613-TC

Defendant.

On July 1, 2011, Defendant Confer Plastics, Inc., a New York corporation, removed this
action from state court, citing diversity between parties as the basis for this court’s jurisdiction.1
Plaintiff Off The Wall Products, LLC (OTW) filed a Motion to Remand, contending that one of
the members of OTW’s LLC was a citizen of New York.2 If OTS’s contention is true, that
destroys complete diversity and any basis for this court’s jurisdiction. See Shannon’s Rainbow,
LLC v. Supernova Media Inc., 683 F. Supp. 2d 1261, 1266-67 (D. Utah 2010) (noting that
although Tenth Circuit has not decided the issue of LLC citizenship for purposes of diversity
jurisdiction analysis, the court followed majority rule that LLC is a citizen of each state in which
each LLC member is a citizen); Birdsong v. Westglen Endoscopy Center, LLC, 176 F. Supp. 2d

1

See Docket No. 2 at ¶ 3 (citing 28 U.S.C. § 1332(a)(1) as sole basis for jurisdiction).

2

See Docket No. 11.

1245, 1248 (D. Kan. 2001) (same).
Based on declarations and documentation provided by Plaintiff OTW in its memorandum
in support and its reply memorandum, Defendant Confer Plastics filed a withdrawal of its
opposition to the motion to remand.3 The court has reviewed the papers and agrees, based on the
majority rule and the undisputed evidence on the record, that the court does not have jurisdiction
over this case. Accordingly, OTW’s Motion to Remand (Docket No. 11) is GRANTED and the
hearing scheduled for Wednesday, November 16, 2011, is hereby stricken. The Clerk of the
Court is directed to remand this case to the Third Judicial District Court in and for Salt Lake
County, State of Utah, and to close this matter on the docket.
SO ORDERED this 14th day of November, 2011.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

3

See Docket No. 18.
2