Garcia v. Hobby Lobby Stores Inc.

District Court, D. Nevada

Garcia v. Hobby Lobby Stores Inc.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA ANNA REBECCA GARCIA and ANNA Case No.: 2:23-cv-00134-APG-BNW SOFIA GARCIA, 4 Order to Show Cause Why This Action Plaintiffs Should Not Be Remanded for Lack of 5 Subject Matter Jurisdiction v. 6 HOBBY LOBBY STORES INC. and 601- 7) 699 WHITNEY RANCH CENTER, LLC, 8 Defendants 9 Defendant 601-699 Whitney Ranch Center, LLC removed this action from state court 10}| based on diversity jurisdiction. ECF No. 1. However, Whitney Ranch did not identify the citizenship of its members. See Johnson vy. Columbia Properties Anchorage, LP,

437 F.3d 894, 1211899

(9th Cir. 2006) (stating that “an LLC is a citizen of every state of which its owners/members citizens”). Additionally, it is unclear from Whitney Ranch’s notice of removal where defendant Hobby Lobby Stores, Inc. is incorporated and has its principal place of business because Whitney Ranch states only that Hobby Lobby is “domiciled” in Oklahoma. ECF No. 1 at 3; see also

28 U.S.C. § 1332

(c)(1). Without that information, I cannot determine whether 17|| complete diversity exists to support diversity jurisdiction. 18 I THEREFORE ORDER that defendant 601-699 Whitney Ranch Center, LLC shall show cause, in writing, why this action should not be remanded for lack of subject matter jurisdiction. Failure to respond to this order by February 17, 2023 will result in remand to state court. 21 DATED this 26th day of January, 2023. ge— 23 □ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

Reference

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