Opinion
CAUSE NO. 1:11-CV-137.
April 26, 2011
OPINION AND ORDER
Plaintiff filed this case in this Court based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 1.) The Complaint alleges that Defendant Hy-Line Enterprises Holdings, LLC, is a Delaware citizen because it is incorporated in Delaware and has its principal place of business in Delaware. (Compl. ¶ 4.) Plaintiff's jurisdictional allegations, however, inadequately set forth the Defendant's citizenship.
A limited liability company's citizenship "for purposes of . . . diversity jurisdiction is the citizenship of its members." Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Therefore, the Court must be advised of the citizenship of each member of Hy-Line Enterprises Holdings, LLC to ensure that none of its members share a common citizenship with the Plaintiff. See Hicklin Eng'g, L.C. v. Bartell, 439 F.3d 346, 347 (7th Cir. 2006). Moreover, citizenship must be "traced through multiple levels" for those members of Hy-Line Enterprises Holdings, LLC who are themselves a partnership or a limited liability company, as anything less can result in a dismissal or remand for want of jurisdiction. Mut. Assignment Indem. Co. v. Lind-Waldock Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).
Therefore, the Plaintiff is ORDERED to file an amended Complaint forthwith, properly alleging the citizenship of each member of Hy-Line Enterprises Holdings, LLC, and, if necessary, tracing the citizenship of unincorporated associations through all applicable layers of ownership.
SO ORDERED.