QC CONSTRUCTION LLC v. CYPRESS CONTRACTING AND DEVELOPMENT CORP

M.D. Georgia

QC CONSTRUCTION LLC v. CYPRESS CONTRACTING AND DEVELOPMENT CORP

DecidedAugust 22, 2023

Docket5:22-cv-00092

StatusUnknown

This text of QC CONSTRUCTION LLC v. CYPRESS CONTRACTING AND DEVELOPMENT CORP (QC CONSTRUCTION LLC v. CYPRESS CONTRACTING AND DEVELOPMENT CORP) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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QC CONSTRUCTION LLC v. CYPRESS CONTRACTING AND DEVELOPMENT CORP, (M.D. Ga. 2023).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

QC CONSTRUCTION LLC, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:22-CV-92 (MTT) ) CYPRESS CONTRACTING AND ) DEVELOPMENT CORP, et al., ) ) Defendants. ) __________________ )

ORDER Plaintiff QC Construction LLC, whose members all reside in Georgia, filed this breach of contract action against defendants Cypress Contracting and Development Corp., United States Fire Insurance Company, and TRU 2005 RE I LLC (“TRU”). Docs. 1; 6. TRU subsequently filed its answer and a jurisdictional statement identifying its members. Doc. 12. TRU identified its sole member as Target Propco LLC. Id. Target Propco LLC’s sole member is Hill Street and Hill Street has “over fifty members.” Id. TRU stated that it was “continuing to research the issue, but, upon information and belief, none of Hill Street’s individual members or the individual members of Hill Street’s entity members are Georgia residents.” Id. The Court ordered TRU to file an amended jurisdictional statement identifying “the citizenship of all members” of Hill Street and if any member of Hill Street was also an unincorporated association to provide “the identity and citizenship of such association’s constituents.” Doc. 33 at 1 (quoting M.D. Ga. L.R. 87.2). TRU then filed an amended jurisdictional statement that identified multiple unincorporated associations as members of Hill Street without identifying the citizenship of such association’s constituents. Doc. 34. For example, TRU states that “GS Centennial LLC” is a member of Hill Street but does not provide the identity and citizenship of the members of GS Centennial LLC—information that is essential for the Court to determine whether it has

diversity jurisdiction. Id. at 2; see Kilgore v. Acad. Ltd., 86 F. Supp. 3d 1367 (M.D. Ga. 2015). Accordingly, TRU is hereby ORDERED to file a second amended jurisdictional statement by August 30, 2023. If TRU does not provide the necessary information, the Court will convene a hearing to determine appropriate sanctions. SO ORDERED, this 22nd day of August, 2023. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

QC CONSTRUCTION LLC, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:22-CV-92 (MTT) ) CYPRESS CONTRACTING AND ) DEVELOPMENT CORP, et al., ) ) Defendants. ) __________________ )

ORDER Plaintiff QC Construction LLC, whose members all reside in Georgia, filed this breach of contract action against defendants Cypress Contracting and Development Corp., United States Fire Insurance Company, and TRU 2005 RE I LLC (“TRU”). Docs. 1; 6. TRU subsequently filed its answer and a jurisdictional statement identifying its members. Doc. 12. TRU identified its sole member as Target Propco LLC. Id. Target Propco LLC’s sole member is Hill Street and Hill Street has “over fifty members.” Id. TRU stated that it was “continuing to research the issue, but, upon information and belief, none of Hill Street’s individual members or the individual members of Hill Street’s entity members are Georgia residents.” Id. The Court ordered TRU to file an amended jurisdictional statement identifying “the citizenship of all members” of Hill Street and if any member of Hill Street was also an unincorporated association to provide “the identity and citizenship of such association’s constituents.” Doc. 33 at 1 (quoting M.D. Ga. L.R. 87.2). TRU then filed an amended jurisdictional statement that identified multiple unincorporated associations as members of Hill Street without identifying the citizenship of such association’s constituents. Doc. 34. For example, TRU states that “GS Centennial LLC” is a member of Hill Street but does not provide the identity and citizenship of the members of GS Centennial LLC—information that is essential for the Court to determine whether it has

diversity jurisdiction. Id. at 2; see Kilgore v. Acad. Ltd., 86 F. Supp. 3d 1367 (M.D. Ga. 2015). Accordingly, TRU is hereby ORDERED to file a second amended jurisdictional statement by August 30, 2023. If TRU does not provide the necessary information, the Court will convene a hearing to determine appropriate sanctions. SO ORDERED, this 22nd day of August, 2023. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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