Coy's Honey Farm Inc v. Bayer Corporation

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

COY’S HONEY FARM INC., et al., ) ) Plaintiff, ) ) v. ) Case No. 1:21-cv-89-SNLJ ) BAYER CORP., et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. The Eighth Circuit has admonished district courts to “be attentive to a satisfaction of jurisdictional requirements in all cases.” Sanders v. Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987). “In every federal case the court must be satisfied that it has jurisdiction before it turns to the merits of other legal arguments.” Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046, 1050 (8th Cir. 2006). “A plaintiff who seeks to invoke diversity jurisdiction of the federal courts must plead citizenship distinctly and affirmatively.” 15 James Wm. Moore, et al., Moore’s Federal Practice § 102.31 (3d ed. 2010). The Complaint in this case asserts that the Court has jurisdiction over the action pursuant to 28 U.S.C. § 1332 because the lawsuit is between citizens of different States and the matter in controversy exceeds the sum of $75,000. Two of the defendants are Limited Liability Companies (“LLCs”). The Eighth Circuit has held that unincorporated entities such as LLCs are citizens of every state of which any member is a citizen. See GMAC Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Thus, for the LLC defendants, the Court must examine the citizenship of each member of the LLCs to determine whether diversity jurisdiction exists. The Complaint alleges that the defendant LLCs are organized in Delaware and have their principal places of business in Pennsylvania and New Jersey. The information plaintiff provides is insufficient for the Court to examine the citizenship of each member of defendant. Accordingly, IT IS HEREBY ORDERED that, by July 15, 2021, plaintiff shall file an amended complaint in accordance with this memorandum. IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court.

Dated this _15th_ day of June, 2021.

inn. A STEPHEN N. LIMBAUGH, JR. ~ SENIOR UNITED STATES DISTRICT JUDGE