Armcorp Construction, Inc. v. Talisman Casualty Insurance Company, LLC

District Court, S.D. Ohio

Armcorp Construction, Inc. v. Talisman Casualty Insurance Company, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

ARMCORP CONSTRUCTION, INC., : Case No. 3:24-cv-132 : Plaintiff, : : District Judge Michael J. Newman vs. : Magistrate Judge Peter B. Silvain, Jr. : TALISMAN CASUALTY INSURANCE : COMPANY, LLC, : : Defendant. :

ORDER

Federal jurisdiction in this case is based on diversity of citizenship,

28 U.S.C. § 1332

(a). Pursuant to Federal Rule of Civil Procedure 7.1, parties or intervenors in actions in which subject- matter jurisdiction is based on diversity must file a Diversity Disclosure Statement unless the court orders otherwise. The Diversity Disclosure Statement “must name—and identify the citizenship of—every individual or entity whose citizenship is attributed to that party or intervenor.” Fed. R. Civ. P. 7.1(a)(2). Defendant Talisman Casualty Insurance Company, LLC is a limited liability company. As such, its citizenship for purposes of diversity jurisdiction is determined by the citizenship of its members and sub-members. Akno 1010 Market St. St. Louis Mo. LLC v. Pourtaghi,

43 F.4th 624, 626

(6th Cir. 2022) (citing Delay v. Rosenthal Collins Grp., LLC,

585 F.3d 1003, 1005

(6th Cir. 2009); B&N Coal, Inc. v. Blue Race Midstream, LLC, No. 19-4111,

2020 WL 9474311

, at *1 (6th Cir. Dec. 2, 2020)). On June 5, 2024, Defendant filed its Diversity Disclosure Statement. (Doc. #9). However, in the Statement, Defendant did not name its members or identify the citizenship of its members. See Fed. R. Civ. P. 7.1(a)(2). Accordingly, Defendant Talisman Casualty Insurance Company, LLC is ORDERED to file an amended Diversity Disclosure Statement on or before June 21, 2024 that complies with

Fed. R. Civ. P. 7.1(a)(2) by disclosing the name(s) and citizenship of its member(s). IT IS SO ORDERED.

June 6, 2024 s/Peter B. Silvain, Jr. Peter B. Silvain, Jr. United States Magistrate Judge

Reference

Status
Unknown