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2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 INCLINE CAPITAL GROUP, LLC, Case No. 3:20-cv-00523-MMD-CLB

7 Plaintiff, ORDER v. 8 OPTUM SERVICES, INC., 9

Defendant. 10 11 12 Defendant Optum Services, Inc. (“Optum”) removed this case from Nevada state 13 court on September 15, 2020, based on diversity jurisdiction. (ECF No. 1.) Federal district 14 courts have original jurisdiction over civil actions where the matter is between citizens of 15 different states, and where the amount in controversy exceeds $75,000. See 28 U.S.C. 16 § 1332(a). Although corporations are citizens of any state in which they are incorporated 17 or have their principal place of business, “an LLC is a citizen of every state of which its 18 owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP,

(9th Cir. 2006). 20 Optum asserts that complete diversity exists because “Incline Capital is and at all 21 relevant times has been a citizen of Nevada.” (ECF No. 1 at 2.) But as “the party asserting 22 diversity jurisdiction[, Optum] bears the burden of proof.” Kanter v. Warner-Lambert Co., 23

(9th Cir. 2001). Optum has not met its burden. Instead, Optum has 24 yet to identify any members of Plaintiff (an LLC) or clarify whether those members are 25 citizens of different states than Defendant. Neither Optum’s petition for removal (ECF No. 26 1 at 1-4) nor its attached exhibit (ECF No. 1 at 6-160) satisfies the diversity of citizenship 27 requirement under

(a). 28 It is therefore ordered that Optum must show cause as to why the Court should not 1 || remand this case. Optum must file a response within 10 days of the date of entry of this 2 || order. It is further ordered that Plaintiff Incline Capital Group, LLC may file a further 3 || response to Optum’s response, within five days after Optum files its response to this 4 || order. 5 DATED THIS 17* day of September 2020.

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8 CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28