Johnson v. Secure Ventures LLC

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 June Johnson, et al., No. CV-22-00568-PHX-JAT

10 Plaintiffs, ORDER

11 v.

12 Secure Ventures LLC,

13 Defendant. 14 15 Federal courts are courts of limited jurisdiction. As a result, they can hear only 16 those cases that the Constitution and Congress have authorized them to adjudicate: namely, 17 cases involving diversity of citizenship, a federal question, or cases to which the United 18 States is a party. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). 19 Here, the complaint alleges jurisdiction based on diversity. (Doc. 1 at 5-6). The 20 complaint acknowledges that diversity requires that Plaintiffs and Defendant be citizens of 21 different states. (Doc. 1 at 6). The complaint then alleges that Plaintiffs and Defendant 22 are both citizens of Arizona. (Id.) This is not even a good faith allegation of diversity. 23 Nonetheless the Court notes that Defendant is a limited liability company. Limited 24 liability companies take on the citizenship of all of their members. Johnson v. Columbia 25 Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006). The Court does not know 26 how Plaintiffs determined that Defendant is a citizen of Arizona. Plaintiffs failed to allege 27 the citizenship of every member of Defendant which is required to plead diversity 28 jurisdiction. 1 Therefore, the Court will take no further action on this case until Plaintiffs plead || federal subject matter jurisdiction. Further, if Plaintiffs fail to plead federal subject matter 3 || jurisdiction, this case will be dismissed without prejudice. 4 Accordingly, 5 IT IS ORDERED that by April 27, 2022, Plaintiffs must file a supplement to the 6 || complaint properly pleading federal subject matter jurisdiction. If Plaintiffs fail to file this 7|| supplement, or if the supplement fails to plead a basis for federal subject matter 8 || jurisdiction, this case will be dismissed without prejudice. The Court will not consider 9|| Plaintiffs’ application to proceed in forma pauperis until Plaintiffs establish jurisdiction. 10 Dated this 12th day of April, 2022. 11 12 a 13 14 _ James A. Teil Org Senior United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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