Brown v. Zeltiq Aesthetics, Inc.

• Court: District Court, D. Nevada
• Decided: March 29, 2023
• Docket: 2:22-cv-00972
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4| MICHELE BROWN, Case No. 2:22-cv-00972-RFB-NJK 5 Plaintiff, ORDER v. ZELTIQ AESTHETICS, INC., et al., 8 Defendants. 9 This case was removed to this Court on the basis of diversity jurisdiction. See Docket No. 10) 1 at 3. The Court may address its subject matter jurisdiction at any time. See Fed. R. Civ. P. 11} 12(h)(3). The pleadings assert that diversity jurisdiction exists in this case based on the states in 12|| which the parties are organized or registered to do business. See Docket No. 1 at 3, 67, 69. For diversity jurisdiction purposes, however, “an LLC is a citizen of every state of which its 14], owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 15]| (9th Cir. 2006).! No showing is made as to the citizenship of the owners/members of the LLC 16]| party to this case.2 The Court, therefore, cannot determine based on the current record whether the invocation of diversity jurisdiction 1s proper. 18 Accordingly, Defendant Orange Twist, LLC is hereby ORDERED to file an amended certificate of interested parties that lists the name and citizenship of each member/owner, no later 20] than April 11, 2023. 21 IT IS SO ORDERED. 22 Dated: March 29, 2023 fo aS fe Naney J Koppe 23 United States\Magistrate Judge ——______ 1 When a member of an LLC is itself an LLC, the jurisdictional analysis requires identification of the citizenship of each “sub-member” as well. See, e.g., Diamos v. Specialized 36 Loan Serv. LLC, 2014 WL 3362259, *2 (N.D. Cal. July 7, 2014). A “person's state citizenship is ... determined by her state of domicile, not her state of residence. A person's domicile is her permanent home, where she resides with the intention to remain or to which she intends to return.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th 28] Cir. 2001) (internal citation omitted).