Stewart
Metalmark Northwest, LLC v. Stewart
Opinion
lead Opinion
MEMORANDUM *
Janelle Stewart and Stewart Springs, Ltd. challenge the district court’s confirmation of an arbitration award in favor of Metalmark Northwest, LLC and Valley Bronze of Oregon, Inc. We remand for the limited purpose of enabling the district court to determine whether there was complete diversity of the parties both when the motion to confirm the arbitration award was filed in state court and when the action was removed to federal court.
Metalmark/Valley Bronze filed suit in Oregon state court to enforce the arbitration award, and Janelle Stewart and Stewart Springs removed that action to federal court on the basis of diversity of citizenship. See General Atomic Co. v. United Nuclear Corp., 655 F.2d 968, 970 (9th Cir.1981) (“Applicants who ... seek confirmation of an arbitration award under 9 U.S.C. § 9 , must demonstrate independent grounds of [jurisdiction].”). It appears that the parties may not have been diverse upon removal because Metalmark was a limited liability company whose members were Stewart Springs and Valley Bronze. At the time the action was filed in state court, and when it was removed, Stewart Springs was a citizen of Virginia. This implicates…