Wells v. Seid

W.D. Michigan

Wells v. Seid

DecidedNovember 23, 2021

Docket1:21-cv-00958

StatusUnknown

This text of Wells v. Seid (Wells v. Seid) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wells v. Seid, (W.D. Mich. 2021).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JAMIE WELLS, ) Plaintiff, ) ) No. 1:21-cv-958 -v- ) ) Honorable Paul L. Maloney KAMIL G. SEID, et al., ) Defendants. ) )

ORDER OF REMAND

This Court ordered Defendants to show cause why this case should not be remanded to state court for lack of subject-matter jurisdiction (ECF No. 3). Defendants have failed to do so, and this case will be remanded back to state court. Federal courts have an ongoing obligation to examine whether they have subject- matter jurisdiction and may raise the issue . , , 559 U.S. 77, 94 (2010); ., 546 U.S. 500, 506 (2006); , 524 U.S. 381, 389 (1998). The party removing the lawsuit bears the burden of establishing that the federal courts have subject-matter jurisdiction. , 593 F. App’x 420, 421 (6th Cir. 2014). Subject-matter jurisdiction is determined at the time of removal. , 481 F.3d 369, 375 (6th Cir. 2007). Defendants have not met their burden because they have failed to prove that there is complete diversity among the Plaintiff and Defendants. The citizenship of an LLC is determined by the citizenship of each member, not where the LLC is organized. , 585 F.3d 1003, 1005 (6th Cir. 2009) (“When diversity jurisdiction is invoked in a case in which a limited liability company is a party, the court needs to know the citizenship of each member of the company. And because a member of a limited

liability company may itself have multiple members—and thus may itself have multiple citizenships—the federal court needs to know the citizenship of each ‘sub-member’ as well.”). In their response to the order to show cause, Defendants failed to provide the citizenship of each member of Filla Trucking, LLC. Thus, it is still unclear whether this Court has subject- matter jurisdiction over this matter. Accordingly,

IT IS HEREBY ORDERED that this matter is REMANDED to the Ionia County 8th Circuit Court. The Clerk of Court shall make the necessary arrangements for remand. IT IS SO ORDERED. Date: November 23, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JAMIE WELLS, ) Plaintiff, ) ) No. 1:21-cv-958 -v- ) ) Honorable Paul L. Maloney KAMIL G. SEID, et al., ) Defendants. ) )

ORDER OF REMAND

This Court ordered Defendants to show cause why this case should not be remanded to state court for lack of subject-matter jurisdiction (ECF No. 3). Defendants have failed to do so, and this case will be remanded back to state court. Federal courts have an ongoing obligation to examine whether they have subject- matter jurisdiction and may raise the issue . , , 559 U.S. 77, 94 (2010); ., 546 U.S. 500, 506 (2006); , 524 U.S. 381, 389 (1998). The party removing the lawsuit bears the burden of establishing that the federal courts have subject-matter jurisdiction. , 593 F. App’x 420, 421 (6th Cir. 2014). Subject-matter jurisdiction is determined at the time of removal. , 481 F.3d 369, 375 (6th Cir. 2007). Defendants have not met their burden because they have failed to prove that there is complete diversity among the Plaintiff and Defendants. The citizenship of an LLC is determined by the citizenship of each member, not where the LLC is organized. , 585 F.3d 1003, 1005 (6th Cir. 2009) (“When diversity jurisdiction is invoked in a case in which a limited liability company is a party, the court needs to know the citizenship of each member of the company. And because a member of a limited

liability company may itself have multiple members—and thus may itself have multiple citizenships—the federal court needs to know the citizenship of each ‘sub-member’ as well.”). In their response to the order to show cause, Defendants failed to provide the citizenship of each member of Filla Trucking, LLC. Thus, it is still unclear whether this Court has subject- matter jurisdiction over this matter. Accordingly,

IT IS HEREBY ORDERED that this matter is REMANDED to the Ionia County 8th Circuit Court. The Clerk of Court shall make the necessary arrangements for remand. IT IS SO ORDERED. Date: November 23, 2021 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

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