Atkinson v. Urban Land Preservation, LLC et al

Northern District of California, cand-4:2015-cv-03689

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF DIVERSITY JURISDICTION Show Cause Response due by 11/3/2015. Signed by Judge Yvonne Gonzalez Rogers on 10/28/15.

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 GREGORY ATKINSON, 4 Case No. 15-cv-03689-YGR Plaintiff, 5 v. ORDER TO SHOW CAUSE RE: DISMISSAL 6 FOR LACK OF DIVERSITY JURISDICTION URBAN LAND PRESERVATION, LLC, ET AL., 7 Re: Dkt. No. 1 Defendants. 8 9 TO DEFENDANTS AND THEIR COUNSEL OF RECORD: 10 YOU ARE HEREBY ORDERED TO SHOW CAUSE in writing by no later than 11 November 3, 2015, as to why this action should not be remanded for lack of jurisdiction. 12 For proper diversity jurisdiction under 28 U.S.C. § 1332(a), there must be "complete Northern District of California United States District Court 13 diversity," i.e., "the citizenship of each plaintiff [must be] diverse from the citizenship of each 14 defendant." Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). Here, defendants generally allege 15 in their notice of removal that "[c]omplete diversity. . . exists" between the parties because 16 plaintiff is a Nevada resident and defendants John Rowell and John Marren are California 17 residents, and defendant Urban Land Preservation, LLC is a California corporation with its 18 principal place of business in Fresno, California. However, the notice of removal lacks the 19 requisite allegations as to the citizenship of each member of defendant Urban Land Preservation, 20 LLC. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) 21 (holding diversity jurisdiction depends on the citizenship of all members of partnerships or limited 22 liability corporations) (emphasis added). 23 IT IS SO ORDERED. 24 Dated: October 2, 2015 ______________________________________ YVONNE GONZALEZ ROGERS 25 UNITED STATES DISTRICT COURT JUDGE 26 27 28