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Solomon v. Google LLC

United States District Court, Northern District of California
May 3, 2021
21-cv-03227-NC (N.D. Cal. May. 3, 2021)

Opinion

21-cv-03227-NC

05-03-2021

JUDY SOLOMON, Plaintiff, v. GOOGLE LLC, Defendant.


ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED

NATHANAEL M. COUSINS United States Magistrate Judge

Plaintiff Judy Solomon filed a complaint against Defendant Google LLC on April 30, 2021. ECF 1. In her complaint, Solomon alleges that the Court has subject matter jurisdiction based on diversity jurisdiction, under 28 U.S.C. § 1332(d)(2). Id. at ¶ 24. However, in reaching this conclusion, Solomon incorrectly applied the corporation citizenship test to Google, a limited liability company. Id. at ¶ 23. LLCs are treated like partnerships for the purposes of diversity jurisdiction. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). As such, Solomon should have listed the citizenship of all of Google's members, and then evaluated diversity. See 15A Moore's Federal Practice - Civil § 102.57 (2020).

Accordingly, the Court ORDERS Solomon to show cause in writing why this case should not be dismissed by May 17, 2021. Google's response is due May 24, 2021.

IT IS SO ORDERED.


Summaries of

Solomon v. Google LLC

United States District Court, Northern District of California
May 3, 2021
21-cv-03227-NC (N.D. Cal. May. 3, 2021)
Case details for

Solomon v. Google LLC

Case Details

Full title:JUDY SOLOMON, Plaintiff, v. GOOGLE LLC, Defendant.

Court:United States District Court, Northern District of California

Date published: May 3, 2021

Citations

21-cv-03227-NC (N.D. Cal. May. 3, 2021)