Opinion
CIV-24-665-SLP
08-09-2024
MAC B. PROPERTIES, LLC, et al., Plaintiffs, v. PM CONSTRUCTION AND REHAB, LLC, d/b/a IPR SOUTH CENTRAL, Defendant.
ORDER
SCOTT L. PALK, UNITED STATES DISTRICT JUDGE
Plaintiffs' Amended Complaint [Doc. No. 9] is STRICKEN for failure to comply with the Court's prior Order [Doc. No. 8]. As the Court previously explained, Plaintiffs must allege the citizenship of all members of Plaintiff, Mac B. Properties, LLC and Defendant, PM Construction and Rehab, LLC. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) (LLC has citizenship of all its members). The limited liability companies' principal places of business and states of incorporation are irrelevant. See id. at 1238.
As to the individual Plaintiffs and the LLC members, “[a]n individual's residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship.” Id. at 1238; Whitelock v. Leatherman, 460 F.2d 507, 514 n. 14 (10th Cir. 1972) (“an allegation that a party defendant is a resident of a state is not equivalent to an allegation of citizenship and is insufficient to confer jurisdiction upon the District Court” (internal quotation marks omitted)).
Plaintiffs are within their time to re-file an amended complaint in compliance with the Court's Order. See [Doc. No. 8] at 2. Plaintiff Mac B. Properties, LLC is reminded to file its separate disclosure statement. See LCvR7.1.1. Failure to timely comply may result in dismissal of this action without prejudice.
IT IS SO ORDERED.