Estrada v. Specialized Loan Servicing, LLC

• Court: District Court, D. Nevada
• Decided: March 16, 2023
• Docket: 2:22-cv-01620
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6

7 ELIZABETH ESTRADA, Case No. 2:22-cv-01620-GMN-NJK

8 Plaintiff(s), Order

9 v.

10 SPECIALIZED LOAN SERVICING LLC,

11 Defendant(s). 12 The complaint seeks relief under state law from this federal court on the basis of diversity 13 jurisdiction. Docket No. 1 at ¶ 6. 14 The complaint alleges that Defendant “is a limited liability company formed under the laws 15 of the [sic] Colorado and its principal place of business is located in Colorado.” Docket No. 1 at 16 ¶ 2. For purposes of diversity jurisdiction, however, “an LLC is a citizen of every state of which 17 its owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 18 (9th Cir. 2006). “Moreover, if any member of Specialized Loan Servicing is itself a partnership 19 or association (or another LLC), the Court needs to know the citizenship of each ‘sub-member’ as 20 well.” Diamos v. Specialized Loan Servicing, LLC, 2014 WL 12603136, at *1 (N.D. Cal. Jan. 31, 21 2014). 22 To assist federal courts in ensuring that diversity jurisdiction exists, the corporate 23 disclosure statement filed by each party “must name—and identify the citizenship of—every 24 individual or entity whose citizenship is attributed to that party.” Fed. R. Civ. P. 7.1(a)(2). 25 Defendant’s certificate of interested parties did not name all of its members (and any sub- 26 members), nor identify their citizenship.1 27 1 This federal rule became effective on December 1, 2022, and Defendant’s corporate 28 disclosure statement was filed on December 19, 2022. Hence, the new rule applies here. ] Accordingly, Defendant must file an amended certificate of interested parties complying 2|| with Fed. R. Civ. P. 7.1(a)(2) by March 24, 2023. 3 IT IS SO ORDERED. 4 Dated: March 16, 2023 .

Nancy J Kopp eC 6 United States’ Magistrate Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28