Am. Seeds, LLC v. Dalchow

8 Citing cases

  1. Clark v. SL W. Lounge, LLC

    Case No. 4:18-CV-01223-JCH (E.D. Mo. Feb. 11, 2019)   Cited 8 times

    In this circuit, the United States District Court for the District of Minnesota has stated that, "[w]hen diversity jurisdiction is invoked in a case in which a limited liability company is a party, the court needs to know the citizenship of each member of the company... [b]ecause a member of a limited liability company may itself have multiple members - and thus may itself have multiple citizenships - the federal court needs to know the citizenship of each 'sub member' as well." American Seeds, LLC v. Dalchow, 2012 WL 5931721, at *1 (D.Minn. Nov. 27, 2012)(quoting Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003,1005 (6th Cir.2009)(per curiam))(internal citations omitted). DISCUSSION

  2. Key Enters., LLC v. Morgan

    Case No. 12-CV-2628 (PJS/JSM) (D. Minn. Jan. 29, 2013)   Cited 4 times

    Ink Publishing apparently got the message. See, e.g., OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007); GMAC Commercial Credit LLC v. Dillard Dept. Stores, Inc., 357 F.3d 827, 828-29 (8th Cir. 2004); American Seeds, LLC v. Dalchow, No. 12-CV-2951, 2012 WL 5931721, at *1-2 (D. Minn Nov. 27, 2012); Fifth Third Mortg. Co. v. Lamey, No. 12-CV-2923, 2012 WL 5936055, at *1 (D. Minn. Nov. 27, 2012); Harris v. Chase Bank USA, N.A., No. 12-CV-0669, 2012 WL 1005017, at *2 (D. Minn. Mar. 26, 2012); Ikechi v. Verizon Wireless, No. 10-CV-4554, 2011 WL 2118791, at *2 (d. Minn. May 25, 2011); Jacobs Trading, LLC v. Ningbo Hicon Intern. Indus. Co., Ltd., No. 11-CV-0354, 2011 WL 781069, at *1 (D. Minn. Feb. 28, 2011); Spine Imaging MRI, L.L.C. v. Country Cas. Ins. Co., No. 10-CV-0480, 2011 WL 379100, at *4 (D. Minn. Feb. 1, 2011); Spine Imaging MRI, L.L.C. v. Liberty Mut. Ins. Co., 743 F. Supp. 2d 1034, 1043 (D. Minn. 2010); O.C.T.G., LLP v. Tube Techs., Inc., No. 10-CV-0796, 2010 WL 1416976, at *1 (D. Minn. Apr. 8, 2010); Becwood Tech. Grp. LLC v. Hanover Ins. Grp., No. 09-CV-0070, 2009 WL 2972783, at *1 (D. Minn. Sept. 10, 2009); Willows on France, LLC v. American Family Mut. Ins. Co., No. 08-CV-5307, 2009 WL 1386157, at *2 (D. Minn. May 14, 2009); North Star Grain Intern., LLC v. Hyundai S

  3. 818 Partners, LLC v. Blue Holdco 440, LLC

    23-cv-3279 (JRT/DLM) (D. Minn. Nov. 14, 2023)

    Federal courts need to know the citizenship, with specificity, of each member because a member of an LLC may have multiple sub-members, and sub-sub-members may have multiple citizenships themselves. Id. at *3; see also Am. Seeds, LLC v. Dalchow, No. 12-cv-2951 (JNE/LIB), 2012 WL 5931721, at *1 (D. Minn. Nov. 27, 2012). Blue Holdco cannot expect the Court to rely merely “[u]pon [its] information and belief” that unidentified members of an LLC are or are not citizens of a particular state. Rather, to meet its burden to establish subject-matter jurisdiction based on diversity jurisdiction, Blue Holdco must identify the citizenship of its own members and sub-members and allege that it has undertaken a reasonable inquiry to determine the citizenship of 818 Partners' members and sub-members (and if applicable, each sub-submember).

  4. PersaudBramante Apartments, LLC v. Underwriters at Lloyd's of London

    681 F. Supp. 3d 1022 (D. Minn. 2023)

    Without information regarding each LLC member's citizenship, Plaintiff "has not satisfied its burden of alleging diversity jurisdiction." Am. Seeds, LLC v. Dalchow, No. 12-cv-2951 JNE/LIB, 2012 WL 5931721, at *2 (D. Minn. Nov. 27, 2012). In the usual case, this would require dismissal without prejudice for lack of subject-matter jurisdiction.

  5. Direct v. Jet Structures, LLC

    Case No. 20-cv-1666 (SRN/DTS) (D. Minn. Aug. 3, 2020)

    A member of an LLC may itself have multiple members, and thus may itself have multiple citizenships, so the citizenship of each sub-member must also be considered. American Seeds, LLC v. Dalchow, Case No. 12-cv-2951, 2012 WL 5931721, at *1 (D. Minn. Nov. 27, 2012). Neither the state in which an LLC is organized nor the state in which it has its principal place of business is considered for citizenship purposes.

  6. Clark v. SL W. Lounge, LLC.

    Case No. 4:18-cv-01223-JCH (E.D. Mo. Nov. 29, 2018)   Cited 2 times
    Concluding that “the citizenship of [an] LLC is that of each of its members and sub-members”

    In this circuit, the United States District Court for the District of Minnesota has stated that, "[w]hen diversity jurisdiction is invoked in a case in which a limited liability company is a party, the court needs to know the citizenship of each member of the company... [b]ecause a member of a limited liability company may itself have multiple members - and thus may itself have multiple citizenships - the federal court needs to know the citizenship of each 'sub member' as well." American Seeds, LLC v. Dalchow, 2012 WL 5931721, at *1 (D.Minn. Nov. 27, 2012)(quoting Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003,1005 (6th Cir.2009)(per curiam))(internal citations omitted). Therefore, the citizenship of SL Western Lounge, LLC is that of each of its members and sub-members.

  7. 4BRAVA, LLC v. Sachs

    Civil No. 15-2744 (JRT/DTS) (D. Minn. May. 17, 2018)

    To determine an LLC's citizenship for diversity-jurisdiction purposes, the entity's citizenship is that of each of its members, and therefore an LLC can have multiple citizenships; other entities can be members of an LLC, so the citizenship of "sub-members" is also considered. Am. Seeds, LLC v. Dalchow, No. 12-2951, 2012 WL 5931721, at *1 (D. Minn. Nov. 27, 2012) (citing Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009)). For purposes of determining jurisdiction, the Court assesses the parties' status at the time the lawsuit was filed.

  8. Key Enters., LLC v. Morgan

    Case No. 12-CV-2628 (PJS/JSM) (D. Minn. Jan. 10, 2013)

    "When diversity jurisdiction is invoked in a case in which a limited liability company is a party, the court needs to know the citizenship of each member of the company." American Seeds, LLC v. Dalchow, No. 12-CV-2951, 2012 WL 5931721, at *1 (D. Minn. Nov. 27, 2012) (internal quotations omitted). Nothing submitted by the parties identifies Key Enterprises's members, or identifies the respective citizenships of those members.