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Satarco Kish Trading, LLC v. Wamar Int'l Grp., LLC

United States District Court, Ninth Circuit, California, C.D. California
Jul 16, 2015
CV 15-05206 BRO (JCx) (C.D. Cal. Jul. 16, 2015)

Opinion


SATARCO KISH TRADING, LLC v. WAMAR INTERNATIONAL GROUP, LLC, ET AL No. CV 15-05206 BRO (JCx) United States District Court, C.D. California July 16, 2015

          Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION

          BEVERLY REID O'CONNELL, United States District Judge.

         Plaintiff Satarco Kish Trading, LLC (" Plaintiff") recently filed this action for breach of contract on July 10, 2015. (Dkt. No. 1.) Plaintiff invokes this Court's diversity jurisdiction under 28 U.S.C. § 1332(a). The Complaint names three defendants: (1) Wamar International Group, LLC (" Wamar International"); (2) Wamar Engineering; and (3) Nabil Y. Barakat.

         A federal court must determine its own jurisdiction even if there is no objection to it. Rains v. Criterion Sys., Inc., 80 F.3d 339, 342 (9th Cir. 1996). Because federal courts are of limited jurisdiction, they possess original jurisdiction only as authorized by the Constitution and federal statute. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). Original jurisdiction may be established pursuant to the diversity statute, 28 U.S.C. § 1332(a). Under the complete diversity rule, a plaintiff must meet the diversity statute's requirements with respect to each defendant. See Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 829, 109 S.Ct. 2218, 104 L.Ed.2d 893 (1989) (citing Strawbridge v. Curtiss, 7 U.S. 267, 3 Cranch 267, 2 L.Ed. 435 (1806)). A limited liability company is deemed to be a citizen of every state of which its owners or members are citizens. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

         Plaintiff and Wamar International are limited liability companies. (Compl. ¶ ¶ 3, 4.) To properly allege the citizenship of these parties and demonstrate complete diversity, Plaintiff must (1) identify their owners or members, and (2) allege every state of which every owner or member is a citizen. The Complaint alleges only where these parties were formed and where they maintain a principal place of business. These allegations are insufficient to demonstrate complete diversity.

         Accordingly, Plaintiff is ORDERED to show cause as to why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response to this Order shall be filed by no later than Thursday, July 23, 2015, at 5:00 p.m. An appropriate response will adequately allege Plaintiff and Wamar International's citizenship in accordance with this Order.

         IT IS SO ORDERED.


Summaries of

Satarco Kish Trading, LLC v. Wamar Int'l Grp., LLC

United States District Court, Ninth Circuit, California, C.D. California
Jul 16, 2015
CV 15-05206 BRO (JCx) (C.D. Cal. Jul. 16, 2015)
Case details for

Satarco Kish Trading, LLC v. Wamar Int'l Grp., LLC

Case Details

Full title:SATARCO KISH TRADING, LLC v. WAMAR INTERNATIONAL GROUP, LLC, ET AL

Court:United States District Court, Ninth Circuit, California, C.D. California

Date published: Jul 16, 2015

Citations

CV 15-05206 BRO (JCx) (C.D. Cal. Jul. 16, 2015)