Mac B Properties LLC v. PM Construction and Rehab LLC
Mac B Properties LLC v. PM Construction and Rehab LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
MAC B. PROPERTIES, LLC, ) et al., ) ) Plaintiffs, ) ) v. ) Case No. CIV-24-665-SLP ) PM CONSTRUCTION AND REHAB, LLC, ) d/b/a IPR SOUTH CENTRAL, ) ) Defendant. )
O R D E R Plaintiffs’ Amended Complaint [Doc. No. 9] is STRICKEN for failure to comply with the Court’s prior Order [Doc. No. 8]. As the Court previously explained, Plaintiffs must allege the citizenship of all members of Plaintiff, Mac B. Properties, LLC and Defendant, PM Construction and Rehab, LLC. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co.,
781 F.3d 1233, 1234(10th Cir. 2015) (LLC has citizenship of all its members). The limited liability companies’ principal places of business and states of incorporation are irrelevant. See
id. at 1238. As to the individual Plaintiffs and the LLC members, “[a]n individual’s residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship.”
Id. at 1238; Whitelock v. Leatherman,
460 F.2d 507, 514 n. 14 (10th Cir. 1972) (“an allegation that a party defendant is a resident of a state is not equivalent to an allegation of citizenship and is insufficient to confer jurisdiction upon the District Court” (internal quotation marks omitted)). Plaintiffs are within their time to re-file an amended complaint in compliance with the Court’s Order. See [Doc. No. 8] at 2. Plaintiff Mac B. Properties, LLC is reminded to file its separate disclosure statement. See LCvR7.1.1. Failure to timely comply may result in dismissal of this action without prejudice. IT IS SO ORDERED this 9" day of August, 2024. □□□ Laz bop SCOTT L. PALK UNITED STATES DISTRICT JUDGE
Reference
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