Jody D. Kimbrell v. Poipu Holdings, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JODY D. KIMBRELL, Case No. 2:24-cv-08590-SB-PD Plaintiff,

ORDER OF DISMISSAL FOR

v.

LACK OF SUBJECT-MATTER

POIPU HOLDINGS, LLC, JURISDICTION

Defendant. On October 3, 2024, Plaintiff Jody D. Kimbrell filed this suit against Defendant Poipu Holdings, LLC. Dkt. No. 1. Plaintiff, an Illinois citizen, alleges that Defendant is a California limited liability company and relies on diversity as the sole basis for federal jurisdiction. Id. Federal courts’ subject-matter jurisdiction is limited; courts must “presume[] that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). As the Court has already explained twice, diversity jurisdiction requires complete diversity—i.e., that each plaintiff be a citizen of a different state than each defendant. Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). An LLC’s citizenship is determined by the citizenship of its members. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).…