Opinion
Case No. SACV 11-01178 AG (RNBx)
08-19-2011
ADAM LOUIS GUEVARA v. CEDAR FAIR, L.P., ET AL.
CIVIL MINUTES - GENERAL
Present: The Honorable
ANDREW J. GUILFORD
Lisa Bredahl
Deputy Clerk
Not Present
Court Reporter / Recorder
___________________
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Proceedings: [IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION
On August 8, 2011, Defendant Cedar Fair, L.P., ("Defendant") filed a Notice of Removal with this Court based on diversity jurisdiction. See 28 U.S.C. §§ 1332, 1441. In the Notice of Removal, Defendant alleges that it is a limited partnership, but does not allege the citizenship of its partners and members. For diversity jurisdiction to be proper, none of Defendant's partners or members, including limited partners, can be a citizen of California, Plaintiff's state of citizenship. See CT Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990).
Accordingly, the Court orders Defendant to show cause in writing within 14 days of the date of this order why this action should not be remanded. Plaintiff may submit a response in the same time period. A proper amended Notice of Removal will be deemed a sufficient response to this order to show cause.
CIVIL MINUTES - GENERAL
Case No. SACV 11-01178 AG (RNBx)
Title ADAM LOUIS GUEVARA v. CEDAR FAIR, L.P., ET AL.
____:0
Initials of Preparer lmb