Storybook Residential, LLC v. Allegion US Holding III Inc.
Storybook Residential, LLC v. Allegion US Holding III Inc.
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 STORYBOOK RESIDENTIAL, LLC, Case No.: 2:25-cv-01605-APG-DJA
4 Plaintiff Order (1) to Show Cause Why This Case Should Not Be Remanded for Lack of 5 v. Subject Matter Jurisdiction and (2) Striking Certificate of Interested Parties 6 ALLEGION US HOLDING III INC.,
7 Defendant
8 The defendants removed this action from state court based on diversity jurisdiction. ECF 9 No. 1. However, the defendants have not adequately identified the citizenship of the parties, so I 10 cannot determine if complete diversity exists. As to plaintiff Storybook Residential, LLC, the 11 defendants state that its “sole managing member” is a Nevada resident. ECF No. 1 at 2. But a 12 limited liability company (LLC) is “a citizen of every state of which its owners/members are 13 citizens.” Johnson v. Columbia Properties Anchorage, LP,
437 F.3d 894, 899(9th Cir. 2006). 14 The plaintiff’s citizenship is thus determined by all members of the LLC, not just managing 15 members. It is unclear whether the plaintiff has additional members whose citizenship may 16 destroy complete diversity. Accordingly, I order the defendants to show cause why this action 17 should not be remanded for lack of subject matter jurisdiction. 18 Additionally, I strike the defendants’ certificate of interested parties because it does not 19 comply with Federal Rule of Civil Procedure 7.1(a)(2). It erroneously states that this case “has 20 been removed solely on the basis of federal-question jurisdiction, and no Rule 7.1(a)(2) 21 disclosure is required.” ECF No. 2 at 2. 22 23 1 I THEREFORE ORDER that by September 12, 2025, the defendants shall show cause 21 why this action should not be remanded for lack of subject matter jurisdiction. Failure to 3||respond to this order by that date will result in remand. 4 I FURTHER ORDER that the defendants’ certificate of interested parties (ECF No. 2) is STRICKEN for failure to comply with Federal Rule of Civil Procedure 7.1(a)(2). 6 I FURTHER ORDER the defendants to file a proper certificate of interested parties by 7\| September 12, 2025. 8 DATED this 29th day of August, 2025. 9 JIRA ANDREWP.GORDON SS CHIEF UNITED STATES DISTRICT JUDGE
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Reference
- Status
- Unknown