EverySpace Construction, LLC v. Encor Solar, LLC

D. Nevada

EverySpace Construction, LLC v. Encor Solar, LLC

District Court, D. Nevada·Decided July 19, 2023·No. 2:23-cv-01105·Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 EVERYSPACE CONSTRUCTION, LLC, Case No.: 2:23-cv-01105-APG-DJA

4 Plaintiff Order (1) to Show Cause Why This Action Should Not Be Dismissed for Lack of 5 v. Subject Matter Jurisdiction and (2) Striking Certificate of Interested 6 ENCOR SOLAR, LLC, et al., Parties

7 Defendants

9 Plaintiff EverySpace Construction, LLC filed this case in this court based on diversity 10 jurisdiction. ECF No. 1. However, EverySpace does not identify the citizenship of its own 11 members. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 12 2006) (stating that “an LLC is a citizen of every state of which its owners/members are 13 citizens”). Additionally, EverySpace does not identify defendant Angi, Inc.’s principal place of 14 business. See 28 U.S.C. § 1332(c)(1) (stating that for diversity purposes, “a corporation shall be 15 deemed to be a citizen of every State and foreign state by which it has been incorporated and of 16 the State or foreign state where it has its principal place of business”). I therefore order 17 EverySpace to show cause why its complaint should not be dismissed for lack of subject matter 18 jurisdiction. 19 Additionally, Everyspace’s certificate of interested parties does not comply with Federal 20 Rule of Civil Procedure 7.1(a)(2). The certificate does not identify the citizenship of the 21 members of EverySpace as required by the recent amendment to that rule. 22 I THEREFORE ORDER that by August 11, 2023, plaintiff EverySpace Construction, 23 LLC shall show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction. Failure to respond to this order by that date will result in this case being dismissed without prejudice for lack of subject matter jurisdiction. 3 I FURTHER ORDER that plaintiff EverySpace Construction, LLC’s certificate of interested parties (ECF No. 2) is STRICKEN. EverySpace Construction, LLC must file a proper 5|| certificate of interested parties by August 11, 2023. 6 DATED this 19th day of July, 2023. 7 OIA. 8 ANDREW P.GORDON sits 9 UNITED STATES DISTRICT JUDGE

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 EVERYSPACE CONSTRUCTION, LLC, Case No.: 2:23-cv-01105-APG-DJA

4 Plaintiff Order (1) to Show Cause Why This Action Should Not Be Dismissed for Lack of 5 v. Subject Matter Jurisdiction and (2) Striking Certificate of Interested 6 ENCOR SOLAR, LLC, et al., Parties

7 Defendants

9 Plaintiff EverySpace Construction, LLC filed this case in this court based on diversity 10 jurisdiction. ECF No. 1. However, EverySpace does not identify the citizenship of its own 11 members. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 12 2006) (stating that “an LLC is a citizen of every state of which its owners/members are 13 citizens”). Additionally, EverySpace does not identify defendant Angi, Inc.’s principal place of 14 business. See 28 U.S.C. § 1332(c)(1) (stating that for diversity purposes, “a corporation shall be 15 deemed to be a citizen of every State and foreign state by which it has been incorporated and of 16 the State or foreign state where it has its principal place of business”). I therefore order 17 EverySpace to show cause why its complaint should not be dismissed for lack of subject matter 18 jurisdiction. 19 Additionally, Everyspace’s certificate of interested parties does not comply with Federal 20 Rule of Civil Procedure 7.1(a)(2). The certificate does not identify the citizenship of the 21 members of EverySpace as required by the recent amendment to that rule. 22 I THEREFORE ORDER that by August 11, 2023, plaintiff EverySpace Construction, 23 LLC shall show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction. Failure to respond to this order by that date will result in this case being dismissed without prejudice for lack of subject matter jurisdiction. 3 I FURTHER ORDER that plaintiff EverySpace Construction, LLC’s certificate of interested parties (ECF No. 2) is STRICKEN. EverySpace Construction, LLC must file a proper 5|| certificate of interested parties by August 11, 2023. 6 DATED this 19th day of July, 2023. 7 OIA. 8 ANDREW P.GORDON sits 9 UNITED STATES DISTRICT JUDGE

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EverySpace Construction, LLC v. Encor Solar, LLC, (D. Nev. 2023).

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