1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 ANGELA DUTRA, Case No. 20-cv-08588-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 WHY CASE SHOULD NOT BE v. REMANDED FOR LACK OF 13 SUBJECT MATTER MOTEL 6 OPERATING L.P., et al., JURISDICTION 14 Defendants. 15 16 17 Plaintiff Angela Dutra commenced an action against Defendants Motel 6 Operating 18 L.P. and Joy Aguilar in Monterey County Superior Court on November 5, 2020. See Dkt. 19 No. 1 ¶ 1. On December 4, 2020, Defendant Motel 6 filed a notice of removal with this 20 Court pursuant to

and 1441(a).

At the March 10, 2021, case 21 management conference, the Court dismissed all claims against Defendant Joy Aguilar 22 without prejudice, upon Dutra’s unopposed motion. 23 Motel 6 is a limited partnership, and each of its members are limited liability 24 companies. Dkt. No. 1-2 ¶¶ 2–5. In the notice of removal, Motel 6 alleges that the Court 25 has subject matter jurisdiction based on diversity pursuant to

(c)(1). 26 Dkt. No. 1 ¶ 12. In reaching this conclusion, however, Motel 6 incorrectly applies the 27 corporation citizenship test in assessing its own citizenship and the citizenship of its 1 || jurisdiction depends on the form of the entity.” Johnson v. Columbia Props. Anchorage, 2 || LP,

(9th Cir. 2006). Non-corporate entities, like limited partnerships 3 || and limited liability companies, are treated differently for purposes of diversity 4 || jurisdiction. See

Although Motel 6 correctly analyzed diversity jurisdiction at the 5 || limited partnership level, it should have also listed the citizenship of each of the LLC’s 6 || members to properly evaluate diversity of citizenship. See 15A Moore’s Federal Practice — 7 Civil § 102.57 (2020); see also Carden v. Arkoma Assocs.,

, 195—96 (1990). 8 Accordingly, the Court ORDERS Motel 6 to show cause in writing why this case 9 || should not be remanded to Monterey County Superior Court for lack of subject matter 10 || jurisdiction by March 24, 2021. Plaintiff Angela Dutra may file an optional reply by 11 March 31, 2021. 12

= 13 IT IS SO ORDERED.

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3 15 || Dated: March 10, 2021 h-_———— _ NATHANAEL M. COUSINS Q 16 United States Magistrate Judge

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