CSDS Asset Management LLC v. Sama USA 2 LLC

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. CV 20-404 DMG (PJWx) Date February 19, 2020

Title CSDS Asset Management LLC v. Sama USA 2 LLC, et al. Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION

On January 14, 2020, Plaintiff CSDS Asset Management LLC filed a Complaint in this Court against Defendants Sama USA 2 LLC and Armagan Kayra. [Doc. # 1.] The Complaint alleges a single cause of action for fraud.

Plaintiff asserts subject matter jurisdiction based on the existence of complete diversity, 28 U.S.C. § 1332. Compl. at ¶ 2. The Complaint fails, however, to adequately plead “complete diversity between the parties,” namely, that each Defendant is a citizen of a different state than Plaintiff. Diaz v. Davis, 549 F.3d 1223, 1234 (9th Cir. 2008) (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267, 2 L. Ed. 435 (1806)). Plaintiff and Defendant Sama USA 2 LLC are both limited liability companies and are therefore citizens of every state in which their owners or members are citizens. See Johnson v. Columbia Props. Advantage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The Complaint fails to plead the citizenship of any of Plaintiff’s or SAMA USA 2 LLC’s owners.

In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE in writing by no later than March 3, 2020 why this action should not be dismissed for lack of subject matter jurisdiction.

IT IS SO ORDERED.