Eldorado Trailer Leasing LLC v. ReeferTek LLC

Filing 6

ORDER signed by Judge Lynn Adelman on 10/30/14 that, on or before November 7, 2014, plaintiff shall amend his complaint by correcting the deficiencies in his jurisdictional allegations. If the plaintiff does not so amend his complaint by that time, I will dismiss this case for lack of subject matter jurisdiction. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ELDORADO TRAILER LEASING, LLC,
Plaintiff,
v.

Case No. 14-C-1199

REEFERTEK, LLC,
Defendant.

ORDER
Plaintiff Eldorado Trailer Leasing, LLC has filed a complaint in this court and asserts
that federal jurisdiction exists under 28 U.S.C. § 1332 because the parties are diverse and
the amount in controversy exceeds $75,000. However, the complaint does not comply with
Civil Local Rule 8, which provides as follows:
If a pleading or notice of removal asserts jurisdiction based on diversity of
citizenship, the pleading or notice must identify the amount in controversy
and the citizenship of each party to the litigation. If any party is a corporation,
the pleading or notice must identify both the state of incorporation and the
state in which the corporation has its principal place of business. If any party
is an unincorporated association, limited liability company, or partnership, the
pleading or notice must identify the citizenship of all members.
Both the plaintiff and the defendant are limited liability companies, yet the complaint does
not identify the citizenship of the members of each LLC. See Wise v. Wachovia Sec., LLC,
450 F.3d 265, 267 (7th Cir. 2006) (citizenship of limited liability company is determined by
the citizenship of its members). Instead, it identifies the state of organization and principal
place of business of each LLC, which are facts that are irrelevant to determining the
citizenship of each LLC.

Accordingly, before this action may proceed in this court, the plaintiff must amend
its jurisdictional allegations and identify the citizenship of each of the members of the LLCs.
The plaintiff should note that if any of the members of the LLCs are themselves
unincorporated associations, LLCs, or partnerships, the complaint must also identify the
citizenship of each of the members of the constituent organizations. See Thomas v.
Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (“an LLC's jurisdictional statement
must identify the citizenship of each of its members as of the date the complaint or notice
of removal was filed, and, if those members have members, the citizenship of those
members as well”). The plaintiff should also note that the citizenship of any natural person
who is a member of an LLC or other organization is determined by that person’s domicile,
not his or her residence. See, e.g., Heinen v.Northrop Grumman Corp., 671 F.3d 669, 670
(7th Cir. 2012).
Accordingly, IT IS ORDERED that, on or before November 7, 2014, the plaintiff
shall amend his complaint by correcting the deficiencies in his jurisdictional allegations.
If the plaintiff does not so amend his complaint by that time, I will dismiss this case for lack
of subject matter jurisdiction.
Dated at Milwaukee, Wisconsin, this 30th day of October, 2013.
s/ Lynn Adelman
_______________________________
LYNN ADELMAN
District Judge

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