Opinion
8:24-cv-02095-JWH-DFM
11-25-2024
VERIDIAN HEALTHCARE LLC, Plaintiff, v. GURUNANDA, LLC, Defendant.
ORDER TO SHOW CAUSE REGARDING SUBJECT MATTER JURISDICTION AND COMPLIANCE WITH RULE 7.1(A)(2)
JOHN W. HOLCOMB, UNITED STATES DISTRICT JUDGE
In September 2024, Plaintiff Veridian Healthcare LLC filed a Complaint against Defendant GuruNanda, LLC. Veridian Healthcare asserts that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(1), on the basis of diversity of citizenship between the parties.
Compl. (the “Complaint”) [ECF No. 1]
Id. at ¶ 1.
District courts “have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different states[.]” 28 U.S.C. § 1332. “[T]he party asserting diversity bears the burden of proof.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001).
The issue here is the citizenship of the parties, each of which is a limited liability company. A limited liability company “is a citizen of every state of which its owners/members are citizens.” Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The Court cannot determine whether the parties are diverse until it knows the citizenship of every owner/member of Veridian Healthcare and of GuruNanda. Moreover, the parties have not complied with their obligations under the Federal Rules of Civil Procedure, which require them to “name-and identify the citizenship of- every individual or entity whose citizenship is attributed to that party.” Fed.R.Civ.P. 7.1(a)(2).
For the foregoing reasons, the Court hereby ORDERS as follows:
1. Veridian Healthcare is DIRECTED to file no later than December 6, 2024, a written response to this Order to Show Cause that provides the names and state(s) of citizenship of each owner/member of Veridian Healthcare and of GuruNanda.
2. GuruNanda is also DIRECTED to file no later than December 6, 2024, a written response to this Order to Show Cause that provides the names and state(s) of citizenship of each of its owners/members.
3. The failure of either party to comply with this Order to Show Cause will result in the imposition of monetary sanctions against the non-compliant party and its counsel of record.
4. A hearing on this Order to Show Cause is SET for December 20, 2024, at 11:00 a.m. in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse, 411W. 4th Street, Santa Ana, California.
IT IS SO ORDERED.