UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

WESTERN SURETY CO., ) ) Plaintiff, ) ) v. ) Case No. 1:23-cv-63-SNLJ ) HUFFMAN CONSTRUCTION, LLC, ) et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court upon assignment to the undersigned. The Eighth Circuit has admonished district courts to “be attentive to a satisfaction of jurisdictional requirements in all cases.” Sanders v. Clemco Indus.,

(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.,

(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

because the lawsuit is between citizens of different States and the matter in controversy exceeds the sum of $75,000. Defendant Huffman Construction, LLC is a Limited Liability Company (“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.,

(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 a Missouri LLC with its principal place of business in Missouri. [Doc. 1 at § 1, {| 8.] The membership of the defendant LLC is not alleged. Accordingly, IT IS HEREBY ORDERED that, by May 8, 2023, 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 _21st_ day of April, 2023.

f “7 STEPHEN N. LIMBAUGH, JR. SENIOR UNITED STATES DISTRICT JUDGE