Ride the Ducks International, LLC v. T.H.E. Insurance Company

Filing 92

MINUTE ORDER: The parties are DIRECTED to file, on or before 9/12/2022, a Joint Status Report addressing the following issues: (a) Whether the asserted basis for subject-matter jurisdiction in these consolidated cases is diversity or a federal quest ion; (b) If subject-matter jurisdiction is premised on diversity, whether this matter should be dismissed without prejudice for failure to provide information sufficient to determine the citizenship of one of the parties. Authorized by Judge Thomas S. Zilly. (SR)

Case 2:15-cv-01982-TSZ Document 92 Filed 08/15/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RIDE THE DUCKS
INTERNATIONAL, LLC,
Plaintiff,

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v.
T.H.E. INSURANCE COMPANY,

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MINUTE ORDER

Defendant.

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C15-1982 TSZ
(consolidated with C15-1987 TSZ)

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
The parties are DIRECTED to file, on or before September 12, 2022, a
Joint Status Report addressing the following issues:
(a)
Whether the asserted basis for subject-matter jurisdiction in these
consolidated cases is diversity or a federal question. In Case No. C15-1982, the
CM/ECF filer selected federal question jurisdiction based on 12 U.S.C. § 635,
which does not appear applicable to the facts of this case, and checked federal
question as the basis of jurisdiction on the Civil Cover Sheet (C15-1982, docket
no. 1-1), but the Complaint (C15-1982, docket no. 1) pleads claims under state law
and refers to 28 U.S.C. § 1332. In Case No. C15-1987, the CM/ECF filer selected
federal question jurisdiction related to an insurance contract, but checked diversity
on the Civil Cover Sheet (C15-1987, docket no. 8), which seems consistent with
the fifteen “counts” set forth in the Complaint (C15-1987, docket no. 1) as to
which T.H.E. Insurance Company seeks declaratory judgment pursuant to 28
U.S.C. § 2201, which does not confer jurisdiction. See Skelly Oil Co. v. Phillips
Petroleum Co., 339 U.S. 667, 671 (1950).
(b)
If subject-matter jurisdiction is premised on diversity, whether this
matter should be dismissed without prejudice for failure to provide information

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MINUTE ORDER - 1

Case 2:15-cv-01982-TSZ Document 92 Filed 08/15/22 Page 2 of 2

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sufficient to determine the citizenship of one of the parties. 1 Limited liability
companies are citizens of every state in which their members are domiciled. See
Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).
In Case No. C15-1982, the operative pleading indicates that Ride the Ducks
International, LLC (“RTDI”) is a Missouri limited liability company (“LLC”) with
its principal place of business in Missouri and its headquarters in Georgia, see
Compl. (C15-1982, docket no. 1), and RTDI’s corporate disclosure statement
merely “certifies that it is a Missouri corporation,” Corp. Discl. Stmt. (C15-1982,
docket no. 3). In Case No. C15-1987, the complaint alleges on “information and
belief” that RTDI is a Missouri LLC with its principal place of business in Georgia
(not Missouri), and that its members are Herschend Family Entertainment
Corporation, a Missouri corporation with its principal place of business in
Georgia, and Christopher Herschend, a resident of Georgia. Compl. (C15-1987,
docket no. 1). RTDI has not admitted (and is therefore deemed to have denied)
the allegation concerning the identity of its members. See Answer (C15-1987,
docket no. 35); see also Fed. R. Civ. P. 8(b)(4). Because the documents filed so
far in these matters do not identify all members of RTDI or their respective
citizenships, the Court cannot determine whether diversity jurisdiction exists.

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(2)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 15th day of August, 2022.

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Ravi Subramanian
Clerk

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s/Gail Glass
Deputy Clerk

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The opposing party, T.H.E. Insurance Company, is reported to be a Louisiana corporation with
its principal place of business in Florida. See Compl. (C15-1987, docket no. 1); see also Corp.
22 Discl. Stmt. (C15-1987, docket no. 12).

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MINUTE ORDER - 2