Comparri v. Diversified Conveyors International LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 ERIN COMPARRI, CASE NO. C20-1795JLR 11 Plaintiff, ORDER TO SHOW CAUSE v. DIVERSIFIED CONVEYORS INTERNATIONAL LLC, et al., Defendants.

Before the court is Defendants Diversified Conveyors International LLC and DCI Holdings, Inc.’s (collectively, “Defendants”) notice of removal. (See Not. of Removal (Dkt. # 1).) Having reviewed the complaint (Compl. (Dkt. # 1-1)) and the notice of removal, the court finds that Defendants have failed to allege an adequate basis for subject matter jurisdiction. The court therefore ORDERS Defendants to show cause by January 4, 2021, why this matter should not be remanded to state court for lack of subject matter jurisdiction.

1 Defendants assert that the court’s jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332. (Not. of Removal ¶ 8.) The party invoking jurisdiction must allege facts that establish the court’s subject matter jurisdiction. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 (1992). Federal diversity jurisdiction requires complete diversity of citizenship between the parties, where each of the plaintiffs is a citizen of a different state than each of the defendants. See Morris v. Princess Cruises, Inc., 236 F.3d 7 1061, 1067 (9th Cir. 2001). A limited liability company has the citizenships of all its members. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). While Defendants state that Diversified Conveyors International LLC is “incorporated in the State of Tennessee and [has its] principal place of business in the State of Tennessee” (Not. of Removal ¶ 12), Defendants make no representation as to the citizenships of Diversified Conveyors International LLC’s members (see id.). Thus, as it stands, Defendants have not properly established diversity of citizenship.

14 Accordingly, the court ORDERS Defendants to show cause why this case should be not remanded for lack of subject matter jurisdiction. If Defendants fail to provide the court with the information described above by January 4, 2021, the court will remand this matter to state court.

18 Dated this 22nd day of December, 2020.

A 21 JAMES L. ROBART United States District Judge