Beehive Stud Rockers LLC v. Knoebel Construction Incorporated

• Court: District Court, D. Arizona
• Decided: March 9, 2023
• Docket: 2:23-cv-00243
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Beehive Stud Rockers LLC, No. CV-23-00243-PHX-JAT

10 Plaintiff, ORDER

11 v.

12 Knoebel Construction Incorporated,

13 Defendant. 14 15 “Inquiring whether the court has jurisdiction is a federal judge’s first duty in every 16 case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th 17 Cir. 2003). 18 The complaint in this case alleges jurisdiction based on diversity. See 28 U.S.C. § 19 1332. The complaint fails to sufficiently plead jurisdiction. See Johnson v. Columbia 20 Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (a limited liability company 21 takes on the citizenship of all of its members). Thus, to properly plead diversity 22 jurisdiction, a complaint must list the citizenship of every member of any party that is a 23 limited liability company. NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 611 (9th Cir. 24 2016). This includes members that are themselves limited liability companies. 25 Accordingly, 26 / / / 27 / / / 28 / / / 1 IT IS ORDERED that by March 17, 2023, Plaintiff shall file a supplement to the 2 || complaint completely alleging the citizenship of all parties for purposes of diversity or this 3 || case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction. 4 Dated this 9th day of March, 2023. 5 6 '

James A. CO 8 Senior United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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