Solomon v. Google LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUDY SOLOMON,

Case No. 21-cv-03227-NC Plaintiff,

ORDER TO SHOW CAUSE WHY v. CASE SHOULD NOT BE

DISMISSED

GOOGLE LLC,

Defendant.

Plaintiff Judy Solomon filed a complaint against Defendant Google LLC on April 30, 2021. ECF 1. In her complaint, Solomon alleges that the Court has subject matter jurisdiction based on diversity jurisdiction, under 28 U.S.C. § 1332(d)(2). Id. at ¶ 24.

However, in reaching this conclusion, Solomon incorrectly applied the corporation citizenship test to Google, a limited liability company. Id. at ¶ 23. LLCs are treated like partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props.

Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Solomon should have listed the citizenship of all of Google’s members, and then evaluated diversity. See 15A Moore’s Federal Practice - Civil § 102.57 (2020).

Accordingly, the Court ORDERS Solomon to show cause in writing why this case should not be dismissed by May 17, 2021. Google’s response is due May 24, 2021.

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1 IT IS SO ORDERED.

3 || Dated: May 3, 2021 h-—eo——— _ NATHANAEL M. COUSINS 4 United States Magistrate Judge o 17 zZ