Dfinity USA Research LLC v. Bravick

7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA DFINITY USA RESEARCH LLC, Case No. 22-cv-3732-NC Plaintiff, ORDER TO SHOW CAUSE: 12 LACK OF SUBJECT MATTER v. JURISDICTION ERIC BRAVICK, Re: ECF 1 Defendant.

In removing this case to federal court, Defendant alleges that complete diversity exists among the parties because Plaintiff is a citizen of California and Defendant is a citizen of Michigan. ECF 1 at 3. In assessing Plaintiff’s citizenship, Defendant applies 28 19 U.S.C. § 1332(c)(1), which states that a corporation is a citizen of both its place of incorporation and its principal place of business.

But the rules for Limited Liability Corporations (LLCs), like Plaintiff, are different.

An LLC “is a citizen of every state of which its owners/members are citizens.” 3123 SMB, LLC v. Horn, 880 F.3d 461, 465 (9th Cir. 2018). The place of incorporation is not relevant to LLC citizenship. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

“The party seeking to invoke the district court’s diversity jurisdiction always bears || 844 F.3d 832, 839 (9th Cir. 2016). Here, Defendant has neither pled nor proven the || citizenship of Plaintiff. And, therefore, he has neither pled nor proven complete diversity.

3 || Accordingly, Defendant is ORDERED to show cause in writing why this case should not || be remanded to state court for lack of subject matter jurisdiction by July 13, 2022.

5 IT ISSO ORDERED.

7 Dated: June 28, 2022 hbo ——> _ NATHANAEL M. COUSINS 8 United States Magistrate Judge E

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