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

DONALD KAHUT, et al., : Case No. 3:25-cv-112 : Plaintiffs, : : District Judge Michael J. Newman vs. : Magistrate Judge Peter B. Silvain, Jr. : NVR, INC., et al., : : Defendants. : :

NOTICE OF DEFICIENCY AND ORDER

This matter is before the Court upon a sua sponte review for compliance with Federal Rule of Civil Procedure 7.1(a)(2). Third-Party Defendant Pro Crete, LLC has not filed a diversity disclosure statement as required by that Rule.1 Third-Party Defendant Pro Crete, LLC is therefore ORDERED to file such a statement no later than thirty days from the date of this Order. A sample “Diversity of Citizenship Disclosure Statement” is available on the Court’s website.2 IT IS SO ORDERED.

June 24, 2025 s/Peter B. Silvain, Jr. Peter B. Silvain, Jr. United States Magistrate Judge

1 Third-Party Defendant Pro Crete, 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. See Akno 1010 Market St. St. Louis Mo. LLC v. Pourtaghi,

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

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

, at *1 (6th Cir. Dec. 2, 2020)).

2 https://www.ohsd.uscourts.gov/ohio-southern-district-forms