AC Info Services LLC v. Pro Point Claim Services LLC et al
Filing
6
(In Chambers) ORDER TO SHOW CAUSE by Judge James V. Selna, re Jurisdiction: Pro Point is ordered to file an amended initial pleading within 15 days identifying each member of each alleged LLC and the member's citizenship and principal place of b usiness as the date of the filing of the initial pleading. If any member is itself an LLC, the same information shall be provided for each subtier member, and if need be, for each successive subtier. A failure to respond may result in remand of the case to the Superior Court of the State of California for lack of jurisdiction. (rla)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date
Case No.
SACV 11-1284 JVS (MLGx)
Title
September 12, 2011
AC Info Services, LLC v. Pro Point Claim Services, LLC
Present: The
Honorable
James V. Selna
Karla J. Tunis
Not Present
Deputy Clerk
Court Reporter
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(In Chambers)
Order to Show Cause re Jurisdiction
The Court has made a preliminary review of the jurisdictional allegations
in the:
Complaint, filed
X Notice of Removal (“Notice”) filed August 276, 2011
by Pro Point Claim Services, LLC et al. (“Pro Point”).
The initial pleading appears to invoke jurisdiction Court on the basis of
diversity of citizenship, 28 U.S.C. § 1332. (Notice, ¶ 1 .) Jurisdiction on this basis
requires complete diversity.
The following parties to the action are alleged to be a limited liability
companies (“LLCs”):
AC Info Services, LLC
Pro Point Claim Services, LLC
For purposes of diversity jurisdiction, an LLC takes on the citizenship of
each of its members. Johnson v. Columbia Properties Anchorage , LP, 437 F.3d 894,
899 (9th Cir. 2006); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998); Keith v.
Black Diamond Advisors, Inc., 48 F. Supp. 2d 326, 329-30 (S.D. N.Y. 1999). In order
to determine diversity, the Court must consider the citizenship of each LLC member,
and if a member is an LLC, the citizenship of its members. Presently, the Court cannot
CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date
Case No.
SACV 11-1284 JVS (MLGx)
Title
September 12, 2011
AC Info Services, LLC v. Pro Point Claim Services, LLC
tell if jurisdiction has been properly invoked.
Pro Point is ordered to file an amended initial pleading within 15 days
identifying each member of each alleged LLC and the member’s citizenship and
principal place of business as the date of the filing of the initial pleading. If any
member is itself an LLC, the same information shall be provided for each subtier
member, and if need be, for each successive subtier.
A failure to respond may result in remand of the case to the Superior
Court of the State of California for lack of jurisdiction..
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
00
kjt
Page 2 of 2
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