PHI Applied Physical Sciences Inc v. Chromx et al
Filing
5
ORDER TO SHOW CAUSE RE JURISDICTION by Judge James V. Selna. Phi Applied 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. (nbo)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date
Case No.
SACV 13-1045 JVS (RNBx)
Title
August 9, 2013
Phi Applied Physical Sciences, Inc. V. Chromx
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:
X
Complaint, filed July 15, 2013
Notice of Removal (“Notice”) filed
by Phi Applied Physical Sciences, Inc. (“Phi Applied”)).
The initial pleading invokes jurisdiction Court on the basis of diversity of
citizenship, 28 U.S.C. § 1332. (Complaint, ¶ 1 .) Jurisdiction on this basis requires
complete diversity.
The following parties to the action are alleged to be a limited liability
companies (“LLC”):
Chromx
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
tell if jurisdiction has been properly invoked.
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 13-1045 JVS (RNBx)
Title
August 9, 2013
Phi Applied Physical Sciences, Inc. V. Chromx
Phi Applied 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 dismissal of the action for lack of
jurisdiction.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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Page 2 of 2
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