GBForefront LP v. Forefront Management Group LLC, No. 16-3905 (3d Cir. 2018)Annotate this Case
GBForefront, a limited partnership, sued FMG, an LLC, alleging diversity jurisdiction (28 U.S.C. 1332) because GBForefront’s general partner was an LLC whose sole member was a “resident” of Pennsylvania; none of FMG’s members were Pennsylvania residents. Years later, GBForefront accepted an offer of judgment. The district court entered judgment. Problems arose with satisfaction of the judgment; the parties submitted a joint motion to amend the judgment to effectuate a new agreement, which the court granted. GBForefront soon alleged default and moved for entry of a consent judgment under the new agreement. Defendants then cross-moved to dismiss the case for lack of subject matter jurisdiction, claiming that GBForefront had not adequately pled the citizenship of FMG and that complete diversity was lacking when the lawsuit was filed. The Supreme Court then issued its opinion in Americold Realty, dealing with the citizenship of trusts. The district court then dismissed, finding that the membership of GBForefront included trusts whose beneficiaries were New Jersey citizens and FMG also had a member who was a New Jersey citizen. Abrogating its own precedent, the Third Circuit vacated, concluding that the citizenship of a traditional trust is based only on the citizenship of its trustee. The court remanded with instructions to determine whether the trusts are of the traditional or business variety and whether there is diversity jurisdiction.