Solomon v. Google LLC

United States District Court for the Northern District of California

Solomon v. Google LLC

Trial Court Opinion

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

10 JUDY SOLOMON, Case No. 21-cv-03227-NC 11 Plaintiff, ORDER TO SHOW CAUSE WHY 12 v. CASE SHOULD NOT BE DISMISSED 13 GOOGLE LLC,

14 Defendant. 15

16 Plaintiff Judy Solomon filed a complaint against Defendant Google LLC on April 17 30, 2021. ECF 1. In her complaint, Solomon alleges that the Court has subject matter 18 jurisdiction based on diversity jurisdiction, under

28 U.S.C. § 1332

(d)(2).

Id. at ¶ 24

. 19 However, in reaching this conclusion, Solomon incorrectly applied the corporation 20 citizenship test to Google, a limited liability company.

Id. at ¶ 23

. LLCs are treated like 21 partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props. 22 Anchorage, LP,

437 F.3d 894, 899

(9th Cir. 2006). As such, Solomon should have listed 23 the citizenship of all of Google’s members, and then evaluated diversity. See 15A Moore’s 24 Federal Practice - Civil § 102.57 (2020). 25 Accordingly, the Court ORDERS Solomon to show cause in writing why this case 26 should not be dismissed by May 17, 2021. Google’s response is due May 24, 2021. 27 // 1 IT IS SO ORDERED. 2 3 || Dated: May 3, 2021 h-—eo——— _ NATHANAEL M. COUSINS 4 United States Magistrate Judge 5 6 7 8 9 10 11 12

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Reference

Status
Unknown