Swanson v. Arbonne International, LLC, No. 1:2015cv00158 - Document 7 (N.D. Ind. 2015)

Court Description: OPINION AND ORDER - Defendant is ORDERED to file a supplement to the record on or before July 14, 2015, that properly alleges its citizenship. Signed by Magistrate Judge Susan L Collins on 7/7/2015. (kds)

Download PDF
Swanson v. Arbonne International, LLC Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION VICKI L. SWANSON, Plaintiff, v. ARBONNE INTERNATIONAL, LLC, Defendant. ) ) ) ) ) ) ) ) ) CASE NO: 1:15-cv-158-JD-SLC OPINION AND ORDER This case was removed to this Court from the Allen County Superior Court by Defendant Arbonne International, LLC, based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (DE 1). The Amended Petition for Removal alleges that Plaintiff Vicki Swanson is an Indiana citizen and that Defendant “has only one member, Arbonne Intermediate Holdco, Inc., a corporation organized under the laws of the State of Delaware.” (DE 5 at ¶ 4). But the Amended Petition for Removal fails to properly allege the citizenship of the sole member of Defendant, and as such, fails to properly allege the citizenship of Defendant. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) (A limited liability company’s citizenship “for purposes of . . . diversity jurisdiction is the citizenship of its members.”). A corporation’s citizenship is determined by its state of incorporation and where it maintains its principal place of business. N. Trust Co. v. Bunge Corp., 899 F.2d 591, 594 (7th Cir. 1990) (Corporations “are deemed to be citizens of the state in which they are incorporated and the state in which they have their principal place of business.”); see 28 U.S.C. § 1332(c)(1). Accordingly, the Court must be informed of not only the state of incorporation of Arbonne Intermediate Holdco, Inc., but also the location of its principal place of business. Dockets.Justia.com Accordingly, Defendant is ORDERED to file a supplement to the record on or before July 14, 2015, that properly alleges its citizenship. SO ORDERED. Enter for this 7th day of July 2015. s/ Susan Collins Susan Collins, United States Magistrate Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.