Vaeth v. Remington Arms Company, LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

SOUTHEASTERN DIVISION

ETHAN N. VAETH, ) )

Plaintiff, ) ) v. ) Case No. 1:21-cv-124-SNLJ )

REMINGTON ARMS COMPANY, )

LLC, et al., ) )

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on review of the file. The Eighth Circuit has admonished district courts to “be attentive to a satisfaction of jurisdictional requirements in all cases.” Sanders v. Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987). “In every federal case the court must be satisfied that it has jurisdiction before it turns to the merits of other legal arguments.” Carlson v. Arrowhead Concrete Works, Inc., 445 F.3d 1046, 1050 (8th Cir. 2006). “A plaintiff who seeks to invoke diversity jurisdiction of the federal courts must plead citizenship distinctly and affirmatively.” 15 James Wm. Moore, et al., Moore’s Federal Practice § 102.31 (3d ed. 2010).

The Complaint in this case asserts that the Court has jurisdiction over the action pursuant to 28 U.S.C. § 1332 because the lawsuit is between citizens of different States and the matter in controversy exceeds the sum of $75,000. One defendant is a Limited Liability Companies (“LLC”). The Eighth Circuit has held that unincorporated entities such as LLCs are citizens of every state of which any member is a citizen. See GMAC Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004). Thus, for the LLC defendant, the Court must examine the citizenship of each member of the LLC to determine whether diversity jurisdiction exists. The Complaint alleges that the defendant LLC is organized in Delaware and has its principal place of business in North Carolina. The information plaintiff provides is insufficient for the Court to examine the defendant LLC’s citizenship.

Accordingly,

IT IS HEREBY ORDERED that, by September 27, 2021, plaintiff shall file an amended complaint in accordance with this memorandum.

IT IS FURTHER ORDERED that if plaintiff does not timely and fully comply with this order, this matter will be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that all other proceedings in this case are STAYED pending further order of this Court.

Dated this _30th_ day of August, 2021.

J □ _ 4

FIDE _ Kalan Ly J

STEPHEN N. LIMBAUGH, JR. *

SENIOR UNITED STATES DISTRICT JUDGE