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FRS GC LLC, Plaintiff, v. Oak Tree Management LLC, Milagro Consulting LLC, Da

James A. Teilborg Senior United States District Judge

ORDER

"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003); see also Valdez v. Allstate Insurance Co., 372 F.3d 1115, 1116-1118 (9th Cir. 2004) (remanding to the district court to conduct proceedings and consider evidence as necessary to determine subject matter jurisdiction).

In this case, three parties are limited liability companies. "... [L]imited liability companies are citizens of every state of which any member is a citizen." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7 Cir. 2003); see also Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9 Cir. 2006).

In the complaint, Plaintiff alleges federal subject matter jurisdiction based on diversity. (Doc. 1 at 4). To plead diversity, Plaintiff states, "Upon information and belief, no member of Oak Tree or Milagro is a citizen of the same state as any member of Plaintiff." (Id.) This allegation is inadequate for this Court to independently determine that diversity jurisdiction exists in this case. Therefore,

IT IS ORDERED that by June 9, 2017, Plaintiff shall file a supplement to the complaint listing the names and citizenship of every member of each limited liability company, or this case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction.

Dated this 1st day of June, 2017.

/s/_________


James A. Teilborg


Senior United States District Judge

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FRS GC LLC v. Oak Tree Mgmt. LLC
(Jun 1, 2017)