Case 5:21-cv-00558-SB-SP Document 42 Filed 03/07/22 Page 1 of 2 Page ID #:396

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No.: 5:21-cv-00558-SB-SP Date: March 7, 2022

Title: Michael Runyon v. Hogan Personnel LLC et al.

Present: The Honorable STANLEY BLUMENFELD, JR., U.S. District Judge

Jennifer Graciano N/A

Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):

None Appearing None Appearing

Proceedings: [In Chambers] ORDER TO SHOW CAUSE RE: SUBJECT

MATTER JURISDICTION

Defendant Hogan Personnel LLC removed this case based on diversity jurisdiction in March 2021. In its notice of removal, Defendant claimed to be a Missouri citizen, applying the citizenship test for corporations. Dkt. No. 1. It appears, however, that Defendant may be a limited liability company and not a corporation. The citizenship of a limited liability company is determined by the citizenship of each of its members, not by its principal place of business or state of incorporation. Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). This Court has a duty to assess whether federal subject matter jurisdiction exists and may consider the issue sua sponte at any stage of the proceedings. See Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1093 (9th Cir. 2004); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) (recognizing that “Article III generally requires CV-90 (12/02) CIVIL MINUTES – GENERAL Initials of Deputy Clerk JGR 1 Case 5:21-cv-00558-SB-SP Document 42 Filed 03/07/22 Page 2 of 2 Page ID #:397

a federal court to satisfy itself of its jurisdiction over the subject matter before it considers the merits of a case”).

Accordingly, the Court must assure itself of its jurisdiction before addressing the merits of the pending summary judgment motion. Defendant Hogan Personnel LLC is therefore ORDERED to show cause, in writing, by no later than March 9, 2022, why the Court has jurisdiction over this case by demonstrating complete diversity of citizenship between the parties. This showing must include the identify and citizenship of each member of Defendant.

IT IS SO ORDERED.

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