Bio Energy (Washington) LLC v. King County

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 BIO ENERGY (WASHINGTON), LLC, CASE NO. 2:23-cv-00542-LK 11 Plaintiff, ORDER TO FILE AN AMENDED 12 v. CORPORATE DISCLOSURE STATEMENT 13 KING COUNTY, WASHINGTON, 14 Defendant. 15

16 This matter comes before the Court sua sponte. Plaintiff Bio Energy (Washington), LLC’s 17 corporate disclosure statement fails to comply with Federal Rule of Civil Procedure 7.1 and Local 18 Civil Rule 7.1. See Dkt. No. 1 at 2; Dkt. No. 3. 19 Bio Energy is a Limited Liability Company, which means it “is a citizen of every state of 20 which its owners/members are citizens” for diversity purposes. Johnson v. Columbia Properties 21 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Bio Energy identifies Ingenco Holdings LLC 22 as its sole owner, and avers that “[t]he members of Ingenco Holdings LLC are all residents of 23 either Virginia or Texas.” Dkt. No. 1 at 2; see also Dkt. No. 3 at 1. Although this is sufficient to 24 establish diversity under 28 U.S.C. § 1332, it is insufficient to satisfy Federal Rule of Civil 1 Procedure 7.1(a)(2)(A) or Local Civil Rule 7.1. Federal Rule 7.1 requires parties in a diversity 2 action to “name—and identify the citizenship of—every individual or entity whose citizenship is 3 attributed to that party.” Such information is crucial not only to “facilitate an early and accurate 4 determination of jurisdiction,” but also to “support properly informed disqualification decisions in

5 situations that call for automatic disqualification under Canon 3C(1)(c).” Fed. R. Civ. P. 7.1 6 Advisory Committee notes to 2002 and 2022 amendments. Similarly, Local Rule 7.1 requires an 7 LLC to specifically identify each member, along with the member’s state of citizenship. LCR 8 7.1(a)(1), (b). 9 Bio Energy is accordingly ORDERED to file a compliant amended corporate disclosure 10 statement no later than April 28, 2023. Failure to do so may result in sanctions. 11 Dated this 14th day of April, 2023. 12 A 13 Lauren King United States District Judge 14 15 16 17 18 19 20 21 22 23