Rupp, John et al v. City Brewing Company, LLC

Filing 38

ORDER Regarding Jurisdiction. Proof of Diversity Citizenship due 5/28/2013. Signed by District Judge Barbara B. Crabb on 5/21/13. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JOHN RUPP and KARLA RUPP,
Individually and as Personal Representatives
of the Estate of John Donald Rupp III,
Deceased,
ORDER
Plaintiffs,
12-cv-676-bbc
v.
CITY BREWING COMPANY, LLC,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff John and Karla Rupp’s claims in this suit arise out of the death of their son,
John Donald Rupp III, who was killed by a car after ingesting a caffeinated alcoholic
beverage manufactured by defendant City Brewing Company, LLC. Plaintiff is asserting
state law claims for negligence, strict product liability and breach of warranty. Defendant
has filed a motion to dismiss plaintiffs’ claims. The motion is ready for decision, but I
cannot decide it until I am satisfied that this court has jurisdiction over this case.
Plaintiffs contend that jurisdiction is present under 28 U.S.C. § 1332. That statute
requires complete diversity of citizenship between the parties and an amount in controversy
greater than $75,000. Plaintiffs’ amended complaint contains allegations sufficient to satisfy
the amount in controversy requirement. Dkt. #18 at ¶ 6. Unfortunately, plaintiffs have not
alleged facts sufficient to show that the parties’ citizenship is completely diverse.

1

Plaintiffs allege that they are citizens and residents of Virginia. This is sufficient.
Heinen v. Northrop Grumman Corp., 671 F.3d 669 (7th Cir. 2012). However, with respect
to defendant, plaintiffs allege only that City Brewing Company, LLC “is a limited liability
corporation organized under the laws of and licensed to conduct business in the State of
Wisconsin, with its principal offices at 925 South Third Street, La Crosse, WI 54601.” Dkt.
#18 at ¶ 3. This is insufficient. The citizenship of a limited liability company is the
citizenship of each of its members, not the state in which it was organized or the location
of its principal place of business. 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”).
As the proponents of federal jurisdiction, it is plaintiffs’ burden to show that the
parties are citizens of different states and that more than $75,000 is in controversy. Smart
v. Local 702 International Brother of Electrical Workers, 562 F.3d 798, 802-03 (7th Cir.
2009). Accordingly, I will give plaintiffs an opportunity to file supplemental materials that
establish the citizenship of defendant’s members. 28 U.S.C. § 1653 (defective jurisdictional
allegations may be cured).

ORDER
IT IS ORDERED that plaintiffs John Rupp and Karla Rupp have until May 28, 2013

2

in which to file supplemental materials showing that subject matter jurisdiction is present
under 28 U.S.C. § 1332. Failure to do so will result in dismissal of this case for lack of
subject matter jurisdiction.
Entered this 21st day of May, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

3