Opinion
Case No. 3:14-cv-405
11-25-2014
FLORA JANE ENGELBRECHT, Plaintiff, v. CALVIN E. DUNN, et al, Defendants.
ENTRY AND ORDER GIVING DEFENDANT GREEN LIGHT TRUCKING LLC UNTIL NOT LATER THAN JANUARY 5, 2015 TO INFORM THE COURT OF THE NAME AND CITIZENSHIP OF EACH OF ITS MEMBERS
According to the Complaint filed in this matter, named Defendant Green Light Trucking is a limited liability company. (Doc. #1, ¶3.) This case was filed in this Court based upon this Court having subject matter jurisdiction due to diversity of citizenship. However, this Court is unable to determine if it has the power to adjudicate this matter.
For diversity of citizenship to exist, the Plaintiffs' citizenships must be diverse from Defendant's citizenships. Further, "[t]he general rule is that all unincorporated entities - of which a limited liability company is one - have the citizenship of each partner or member." Delay v. Rosenthal Collins Group, LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Thus, without confirming the citizenship of each member of Defendant Green Light Trucking L.L.C., the Court cannot confirm that diversity of citizenship exists and that it has subject matter jurisdiction to proceed. Therefore, Defendant Green Light Trucking L.L.C. is given until not later than January 5, 2015, to inform the Court of the name and citizenship of each member.
DONE and ORDERED in Dayton, Ohio this Twenty-Fifth Day of November, 2014.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record