Heather Le v. Compass Airlines LLC

Opinion

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

Case No. CV 20-8296-DMG (JPRx) Date September 17, 2020

Title Heather Le, et al. v. Compass Airlines, LLC, et. Al. Page 1 of 2

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 CASE SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT

On August 13, 2020, Plaintiff Heather Le filed a Complaint in Los Angeles County Superior Court against Defendant Compass Airlines, LLC, alleging one claim of negligence for injuries she suffered on a flight operated by Defendant. See Not. of Removal, Ex. A (Compl.) [Doc. # 1-1]. On September 10, 2020, Defendant removed the action, invoking this Court’s diversity jurisdiction under 28 U.S.C. section 1332(a). [Doc. # 1.]

Under 28 U.S.C. section 1441(a), an action may be removed from a state court to a federal district court if the latter would have had original jurisdiction over the action had it been filed in that court. Pursuant to 28 U.S.C. section 1332(a)(2), a district court shall have jurisdiction over a civil action between citizens of a state and citizens or subjects of a foreign state in which the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. “The burden of establishing federal subject matter jurisdiction falls on the party invoking removal.” Marin Gen. Hosp. v. Modesto & Empire Traction Co., 581 F.3d 941, 944 (9th Cir. 2009). As there is a “‘strong presumption’ against removal jurisdiction[,]” an action should be remanded “if there is any doubt as to the right of removal . . . .” See Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).

Defendant alleges that it is a Delaware corporation, with its principal place of business in Minnesota, and that it is not a California citizen. See Not. of Removal at ¶ 7. But Defendant is in fact a limited liability company (“LLC”) and has not alleged the citizenship of each of its owners or members. See Johnson v. Columbia Props. Anchorage LP, 437 F.3d 894, 899 (9th Cir. 2006) (“[A]n LLC is a citizen of every state of which its owners/members are citizens.”); Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (“The natural person’s state citizenship is . . . determined by [his or] her state of domicile . . . .”). Despite its assertion that it is not a California citizen, without further information about the citizenship of its owners or UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Title Heather Le, et al. v. Compass Airlines, LLC, et. Al. Page 2 of 2

members, Defendant has not demonstrated that this Court has diversity jurisdiction over this case.

In light of the foregoing, Defendant is ORDERED TO SHOW CAUSE in writing by September 23, 2020 why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. Failure to timely file a satisfactory response by this deadline will result in the remand of this action.

IT IS SO ORDERED.