Mirae Asset Securities Co., Ltd. v. Ryze Renewables Holdings, LLC

• Court: District Court, D. Nevada
• Decided: September 26, 2023
• Docket: 2:23-cv-01492
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MIRAE ASSET SECURITIES CO. LTD., Case No.: 2:23-cv-01492-APG-NJK

4 Plaintiff Order

5 v.

6 RYZE RENEWABLE HOLDINGS, LLC and RYZE RENEWABLES NEVADA, LLC, 7 Defendants 8

9 Plaintiff Mirae Asset Securities Co. Ltd. filed this action in this court based on diversity 10 jurisdiction. However, Mirae does not identify the citizenship of the members of defendants 11 Ryze Renewable Holdings, LLC and Ryze Renewables Nevada, LLC. See Johnson v. Columbia 12 Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (stating that “an LLC is a citizen of 13 every state of which its owners/members are citizens”). As the party seeking to invoke this 14 Court’s jurisdiction, Mirae bears the burden of establishing jurisdiction exists. See Naffe v. Frey, 15 789 F.3d 1030, 1040 (9th Cir. 2015). Consequently, I order Mirae to show cause why this action 16 should not be dismissed for lack of subject matter jurisdiction. 17 Additionally, Mirae’s certificate of interested parties does not comply with Federal Rule 18 of Civil Procedure 7.1(a)(2). The certificate does not identify Mirae’s citizenship as required by 19 that rule. 20 I THEREFORE ORDER that plaintiff Mirae Asset Securities Co., Ltd. shall show cause 21 why this action should not be dismissed for lack of subject matter jurisdiction. Failure to 22 respond to this order by October 13, 2023 will result in the case being dismissed without 23 prejudice for lack of subject matter jurisdiction. ] I FURTHER ORDER that plaintiff Mirae Asset Securities Co., Ltd.’s certificate of 2\| interested parties (ECF No. 1) is STRICKEN for failure to comply with Federal Rule of Civil Procedure 7.1 4 I FURTHER ORDER plaintiff Mirae Asset Securities Co., Ltd. to file a proper certificate 5|| of interested parties by October 13, 2023. 6 DATED this 26th day of September, 2023. 7 □□□ 8 ANDREW P.GORDON sits 9 UNITED STATES DISTRICT JUDGE

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