Amy Cohen v. Rebekah Children's Services Foundation, Inc., and others

N.D. California

Amy Cohen v. Rebekah Children's Services Foundation, Inc., and others

DecidedDecember 22, 2025

Docket5:25-cv-10711

StatusUnknown

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Amy Cohen v. Rebekah Children's Services Foundation, Inc., and others, (N.D. Cal. 2025).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 AMY COHEN, Case No. 25-cv-10711-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 v. Re: ECF 1 13 REBEKAH CHILDREN'S SERVICES 14 FOUNDATION, INC., and others, 15 Defendants. 16 17 Defendants LT Medical, LLC and LocumTenens.com, LLC removed this case to 18 this Court from Santa Clara County Superior Court on December 16, 2025. This Order 19 requires Defendants to “show cause” by filing a written response by December 31, 2025, 20 explaining why this case should not be remanded back to state court for lack of subject 21 matter jurisdiction. 22 Federal courts are courts of limited jurisdiction. Kokkonen v. Guardian Life Ins. 23 Co. of Am., 511 U.S. 375, 377 (1994). District courts have subject matter jurisdiction 24 through federal question or diversity jurisdiction. 28 U.S.C. §§ 1331, 1332. Diversity 25 jurisdiction requires complete diversity of citizenship and an amount in controversy greater 26 than $75,000. 28 U.S.C. § 1332(a). 27 Defendants claim that there is diversity of citizenship because Plaintiff is a citizen 1 of Tennessee, and LT Medical, LLC and LocumTenens.com, LLC are both organized 2 || under the laws of Georgia and headquartered there. ECF 1 ff 13, 15. But “for the 3 || purposes of diversity ...an LLC is a citizen of every state of which its owners/members 4 || are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 5 || 2006). Without information on the citizenship of Defendants’ owners/members, this Court 6 || cannot assess whether complete diversity exists. 7 The Court finds that Defendants provided sufficient information to establish that the 8 || amount in controversy threshold is satisfied. ECF 1 4] 24-27. 9 In conclusion, Defendants have not established that federal subject matter 10 || jurisdiction is satisfied because they provide the incorrect test for citizenship of an LLC 11 || and do not provide sufficient facts. Accordingly, Defendants must show cause in writing 12 || by December 31, 2025, why this case should not be remanded back to state court for lack 13 || of subject matter jurisdiction. Plaintiffs may respond by January 7, 2026. 14 15 IT IS SO ORDERED.

17 || Dated: December 19, 2025 hL—_~ NATHANAEL M. COUSINS 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 AMY COHEN, Case No. 25-cv-10711-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 v. Re: ECF 1 13 REBEKAH CHILDREN'S SERVICES 14 FOUNDATION, INC., and others, 15 Defendants. 16 17 Defendants LT Medical, LLC and LocumTenens.com, LLC removed this case to 18 this Court from Santa Clara County Superior Court on December 16, 2025. This Order 19 requires Defendants to “show cause” by filing a written response by December 31, 2025, 20 explaining why this case should not be remanded back to state court for lack of subject 21 matter jurisdiction. 22 Federal courts are courts of limited jurisdiction. Kokkonen v. Guardian Life Ins. 23 Co. of Am., 511 U.S. 375, 377 (1994). District courts have subject matter jurisdiction 24 through federal question or diversity jurisdiction. 28 U.S.C. §§ 1331, 1332. Diversity 25 jurisdiction requires complete diversity of citizenship and an amount in controversy greater 26 than $75,000. 28 U.S.C. § 1332(a). 27 Defendants claim that there is diversity of citizenship because Plaintiff is a citizen 1 of Tennessee, and LT Medical, LLC and LocumTenens.com, LLC are both organized 2 || under the laws of Georgia and headquartered there. ECF 1 ff 13, 15. But “for the 3 || purposes of diversity ...an LLC is a citizen of every state of which its owners/members 4 || are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 5 || 2006). Without information on the citizenship of Defendants’ owners/members, this Court 6 || cannot assess whether complete diversity exists. 7 The Court finds that Defendants provided sufficient information to establish that the 8 || amount in controversy threshold is satisfied. ECF 1 4] 24-27. 9 In conclusion, Defendants have not established that federal subject matter 10 || jurisdiction is satisfied because they provide the incorrect test for citizenship of an LLC 11 || and do not provide sufficient facts. Accordingly, Defendants must show cause in writing 12 || by December 31, 2025, why this case should not be remanded back to state court for lack 13 || of subject matter jurisdiction. Plaintiffs may respond by January 7, 2026. 14 15 IT IS SO ORDERED.

17 || Dated: December 19, 2025 hL—_~ NATHANAEL M. COUSINS 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28

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