Beehive Stud Rockers LLC v. Knoebel Construction Incorporated

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Beehive Stud Rockers LLC, No. CV-23-00243-PHX-JAT 10 Plaintiff, ORDER v. Knoebel Construction Incorporated, 13 Defendant.

15 “Inquiring whether the court has jurisdiction is a federal judge’s first duty in every case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003).

18 The complaint in this case alleges jurisdiction based on diversity. See 28 U.S.C. § 19 1332. The complaint fails to sufficiently plead jurisdiction. See Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (a limited liability company takes on the citizenship of all of its members). Thus, to properly plead diversity jurisdiction, a complaint must list the citizenship of every member of any party that is a limited liability company. NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 611 (9th Cir. 2016). This includes members that are themselves limited liability companies.

25 Accordingly, / / / / / / / / / 1 IT IS ORDERED that by March 17, 2023, Plaintiff shall file a supplement to the || complaint completely alleging the citizenship of all parties for purposes of diversity or this || case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction.

4 Dated this 9th day of March, 2023.

6 ' James A. CO 8 Senior United States District Judge _2-