1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 AMERICAN MODERN PROPERTY AND Case No.: 2:22-cv-00785-APG-VCF CASUALTY INSURANCE COMPANY, 4 Order Deeming Order to Show Cause Plaintiff Satisfied 5 v. 6 KEATON LUTHER, et al., 7 Defendants 8

9 Plaintiff American Modern Property and Casualty Insurance Company filed this action in 10 this court on the basis of diversity jurisdiction. ECF No. 1. American Modern did not identify 11 the citizenship of the limited liability company defendants. See Johnson v. Columbia Properties 12 Anchorage, LP,

(9th Cir. 2006) (stating that “an LLC is a citizen of every 13 state of which its owners/members are citizens”). I thus ordered American Modern to show 14 cause why this action should not be dismissed for lack of subject matter jurisdiction. American 15 Modern responded that it cannot identify the citizenship of all the limited liability company 16 members from publicly available documents, so this case should not be dismissed. ECF No. 5. 17 In light of American Modern’s response, I will not dismiss this case at this time. 18 However, the burden to prove diversity jurisdiction remains with American Modern. American 19 Modern should conduct jurisdictional discovery early in the case to resolve this issue. 20 / / / / 21 / / / / 22 / / / / 23 ] I THEREFORE ORDER that the order to show cause (ECF No. 4) ts satisfied, and I will 2||not dismiss for lack of subject matter jurisdiction at this time. 3 DATED this 20th day of May, 2022. > ANDREW P.GORDON s—s— 6 UNITED STATES DISTRICT JUDGE

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